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Coloured  covers/ 
Couvarture  de  couleur 


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Couverture  endommagia 

Covers  restored  and/or  laminated/ 
Couveture  restaurAe  et/ou  pelliculAe 


r~|   Cover  title  missing/ 


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Coloured  maps/ 

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26X 

30X 

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12X 

16X 

20X 

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28X 

32X 

B 

stalls 
B  du 
lodifier 
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Image 


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Library  Diviiion 

Provincial  Archives  of  British  Columbia 

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of  tha  original  copy  and  in  kaaping  with  tha 
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sion, or  the  back  cover  when  appropriate.  All 
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conformity  avac  las  conditions  du  contrat  da 
filmage. 

Les  exempiaires  originrux  dont  la  couverture  en 
papier  est  imprimAe  sont  filmAs  en  commen^ant 
par  la  premier  plat  et  en  terminant  soit  par  la 
darniire  page  qui  comporta  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autras  exempiaires 
originaux  sont  filmAs  en  commenpant  par  la 
pramiAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniAre  page  qui  comporte  une  telle 
empreinte. 

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derniAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »>  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN  ". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
film«s  A  des  taux  de  reduction  diff«rents. 
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de  Tangle  supArieur  gauche,  de  gauche  A  droit*, 
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MINING  CODB 


FOR   THE    USE   OF 


''i 


MINERS  AND  PROSPECTORS 


—  IN  — 


WASHINGTON  AND  ALASKA  * 


WITH  NOTES  AND. ANNOTATIONS 


•AND- 


FORMS   FOR   GENERAL  USE 


—  BY  — 


M.  D.  LEEHEY 


ATTOnNKY   ANI>  COlINNELOIl  AT   LAW 

412  PioNKKK  lUm.niNii.  Skatti.e,  IT.  8.  A. 

Until  recently  of  the  Har  of  lUitte,  Montana. 


Seattle,  Wash.: 

Ix)wniRn  &  Haiiford  Stationery  and  Printing  Co. 

1900 


•rv'     » 


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M.  I).  MCKHKV 


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SBMtOTS»WWM«WSJ5S 


INTRODUCTORY 


This  iimmial  is  tcmlorcd  to  llu>  juiblii-  \\\  flie  Itclief  that  it  will  be 
found  iisofiil  to  tlie  iniiHTS  and  prospector^  in  Wa^liin^'ton  and  Alaska. 
It  has  bet-n  designed  primarily  for  tlieir  Usse.  nnd  in  its  arrangement  and 
]»r('])nri)tion  their  wants  have  lieen  given  tir.-t,.^OMnKideration.  In  size,  form 
anl  contents  it  will  be  found  convenient  for  actual  daily  use  and  con- 
snltation  by  the  prospector  on  his  trail  and  thojniner  in  his  camp.  The 
pnrpose  has  been  to  make  this  manual  i?o  concise  and  yet  so  complete  aa 
to  be  a  ready  and  intelligent  guide  to  the  law,  and  \(v  trn?t  i^  may  find 
ii  welcome  place  in  the  jn-ospector's  pack  and  in  tJie  miyer's  chbin. 

AVhih'  the  work  has  been  designed  primarily  for  the  use  of  miners 
and-))rosj>ectorg,  yet  it  is  not  a  mere  elementan-  treatise.  The  funda- 
mental and  essential  principles  of  mining  law  are. all  presented,  thotigb 
often  necesi^arily  very  briefly  stated  in  an  abridged  discussion.  Th^  book 
rortains  all  the  mining  laws  of  the  United  States  now  in'  foixje,  all  the 
mining  laws  of  the  State  of  Washington,  and  all  the  mining  laws  relating 
to  Alaska,  including  the  very  latest  mining  prorisions  contained  inHhe 
Carter  Act  to  procidc  a  Jvil  government  for  Alaska  jusl  pa  fined  hg 
Cungrem.  The  statement  of  the  more  important  provisions  of  the.laW 
ha*  been  followed  by  a  general  discussion  of  the  principles  involved,  An 
attempt  has  been  made  to  explain  briefly  such  cpiestions  of  law  as  most 
often  arise  in  the  location  of  mining  claims.  The  author  has  also  sought 
to  make  this  manual  useful  to  lawyers  by  giving  a  few  citaitions  to  leading 
cases  and  authorities  within  the  scope  of  the  siibjects  treated..  No  attempt 
has  been  made  to  give  more  than  a  leading  case  upon  each  subject,  but ' 
these  citations  will  serve  the  further  purpose  of  enabling  the  reader  to^ 
ve)ify  the  statements  made,  if  he  choose  to  do  so.  l"!lie  citations  and 
notes  at  the  foot  of  each  pnge  are  indicated  by  consecutive  numbers  in 
brackets  in  the  text.  The  forms  are  placed  in  the  Appendix.  The  dif- 
ferent subjects,  such  as  Oilizen^hip,  Locatioii.  Beach- Claims,  etc.,  are 
treated  in  separate  chapters  and  the  laws  relating  to  the' .particular  sub- 
ject are  all  stated  under  that  head,,  thus  making  the  manual  a  very  ready 
reference  book.  One  M-i.«hing  to  read  the  acts  of  .Congress,  or  the  laws  ■ 
of  Washington  or  Alaska,  section  by  .section  as  enacted,  may  do  so  by  th^ 


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4  ^         iNTROpUCTION. 

.'         *     *  .     ■ 

aid  of  the  index  nl  th«  back  of  tlie  book,  and  a  special  cfTort^huH  been 
made  to  render. this  iiRlox  complete. 

Tlie  Avriter  acknowledges  himself  indebted  to  Hon,  E.  0.  Kreider, 
Reporter  of  tlie  Supreme  Court  of  Warrington,  to  Hoft.  W.  L.  Jones, 
Congreasmn'h  from  this  state,  and  especially  to  Hon.  E.  B.  Howell,  of 
Butte,  autJior  of  Howell's  Miners'  Code  for  Montana,  and  «ldii'lu>,  .niuny 
of  ^ose  lucid  notes  have  lx)en  lep^ated  in  this  book  as  the  most  (?f>neise 
and  satisfa6tory  stateTnent  possible,  to  bo  f rained.  '  M.  D.  L. 

'■Seattle,  June  Otih,  1900. 


«  • 


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''V'^'sr'^v.  ■?''■!!::' 


ort  hiiH  been 

0.  Ivreider, 

y.  L.  Jones, 

FIowoll,  of 

•«lalu>,  .riijuiy 

iiiO(*t  cf>ncise 

M.  D.  L. 


.        ■   -^     .    .     ■  • 

•  •       » 

•     ■,•■•  a 

.  ••  •  .    i     *.       •  • 

••■'■■  •.  ■.    ■'■■  ': 

•  •  •        '  ' 

CONTENTS  V    •  ^:  , 

■  •■  *■..  .    *•       .       X  ■ 
•  -^- — . — ^         ^-  ..,  •• 

Chapter.  '•■':'       Page  ■*        ,  .  •  • 

I.  Mineral  liaiids  Subject  to  Jjocation.  . \^  ....,*.  .^     7  . 

II.  W'hV)  May  Ixxate  Mining  Claims, — Citi/A'a.-^hii),  ......,..." .     3       •  . 

III.  Di«?oveiy  of  I/)de  Claims 12  »."* 

IV.  L<x<ition  of  Lode  Claims. .-. •,..*.   15 

<       V.  Rtvord  of  Lod6  Claim  Locations ;..'......  21' 

VI.  Placers 24  , 

VII.  Mining  Rights  upon  the  Beach  and  Tide  Lands  ^n  Portions 

of  Alaska  including  Cape  Nome •. . . .  28  ' 

'  ,VIII.  Mining  Districts  and  Local  Kules .'.  .^T .  .,r. : . . . .  31  •  * 

.  .  IX.  Tunnel  Rights .* .■...•.  go  . 

X.  Mill.^ites .• *.....; ! .'.  38 

XI.  Water  Rights  with  Mining  ClMins -.»  . .   39 

XII.  Coal  Lands ^•: . . .  42  ; 

XIII.  Timl)er  and  Stone  Lands .  .'• ?,, •  .  i . .  44 

XIV.  Annual  Labor  on  Mining  Claims .-....' .^ 49 

XV.  FoTfeiuii"e  to  Co-owners : . .' 52  •"• 

•    XVI.     Relocation  and  Amended  Ijocation  of  Mining  Claims 54   •• 

XVII.     Mining  Partner^iips  .,  .\ ........'..... •. . . .  6G 

XVIII.     Procedure  to  Obtain  Patents  to  Mines .• .".  58      '  "         ^. 

.  XIX.     Advei-se  Claims .' .• '. . .  .'f>l 

XX.  "  Ijodes  Within  Placer  Claims r . ;' .'!  ,•  G3       •     .      ** 

■   XXr.    Possessory  Rights  in  Mining  Claims T v  •_  66  x»*f   P*-,^ 

XXII.     Righto  and  Property  in  Mining  Claims  and  Lease  And' Sale  -.^^^  *■' 

of  the  Same 67 

Appendix  A.     Forms  for  Greneral  Use 73 

Appendix  B.     Miscellaneous  Statutory  Provisions *. .,..  88  *  ••        -   •, 

Appendix  C:     CrianinaL  Statutes .....  93    -       "^^^, 

General  Index  ; . . , r. .    .-. ..'...  97        iah.r/     '  ■ 

•.     .  ..-•;■■■  JL»r*' 


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ABBREVIATIONS  USED  IN  THIS  WORK 


linl.  Code.    BnlliiigeiV  Annotnted  Codes  and  Statutes  uf  Washington. 
Bar.  ii  Adams.     Barrinjrcr  and  Adams'  Law  of  Mines  and  Mining  in  the 

United  States. 
Cal.     California  Reports. 
Copp.     Copp's  ATiiorican  Mininj:  Code. 
Fed.  Rep.  or  Fed.     Federal  Reporter. 
HomU.    Howell's  Miners'  Code  for  Montana  and  Idaho. 
Jj.  D.     Land  Decisions. 
Liudlcif.     Lind.'oy  on  Mines. 
Mont.     Montana  Reports. 
Mor.  M.  N.     ^lonison's  Mining  Reports. 
Mor.  Mng.  R'ujhiH.    Morrison's  Mining  Rights. 
Nev.     Nevada  Rejxvrts. 
/'«(•.  Rep.     Pacific  Reporter. 

Rev.  Slots.     Revised  Statutes  of  the  Fnited  States  (1878). 
Saw.     Sawyer's  Reports. 
Sup.  Ct.  Rep.     8n]ireme  Court  Reporter. 
V.  S.     United  States  or  United  States  Supreme  Court  Re}torte. 
Wash.     "\Vas(]iingion  Reports. 


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LEEHEY'S  MINING  CODE 


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ishington. 
ining  in  the 


.HAPrER  I. 

MINERAL   LANDS   3i  P.)ECT   TO    LOCATION. 

United  States  Law. 

Section  2.31  S.  Ifevised  Statutes.  -"In  all  cases  landa  valuable  for 
minerals  shall  i)e  re>ii'rved  from  sale,  except  a^  otherwise  expressly  di- 
rected by  law."' 

Sec.  231!). — ••All  valuable  mineral  deposits  in  lands  belonging  to  the 
United  State.s,  both  Siiirveyed  find  unsurveyed,  are  hereby  declared  to 
be  free  and  open  to  exploration  and  purchase,  and  the  land.«  in  which 
they  are  found  to  occupation  and  purchase,        *        *        *        » 

tup:  Pr'BLlC  domain.— The  mining  laws  of  the  [Tnited  States 
have  reference  only  to  those  mineral-bearing  lands  situated  within  the 
public  domain.  This,  of  course,  includes  Washington,  and  by  Act  of 
Congress,  appnivod  May  17,  1884,  such  mining  laws  were  extended  to 
Alaska  (1).  From  the  founding  of  the  government  until  1866  it  was 
the  policy  of  Congress  to  withliold  from  entry  and  sale  all  public  lands 
containing  "known  mines."  For  this  reason  no  laws  for  the  acquisition 
of  such  lands  were  enacted,  and  the  early  prospectrtrs*,  including  the 
California  gold  miners  of  1840,  could  not  acquire  title  to  their  lands. 
This  led  to  the  formation  of  local  mining  districts  and  tlie  adoption  by 
the  miners  in  each  district  of  rules  for  the  claiming  and  working  of 
mines.  These  rules  had  no  authority  in  law  and  depended  for  their 
enforcement  upon  the  action  -^f  the  miners  in  eacli  district.  Gradually, 
however,  a  comparative  uniformity  was  obtained  in  the  rules  of  the 
various  districts,  and  the  first  general  mining  law,  enacted  by  Congress 
in  1866,  recognized  to  a  certain  extent  these  local  rules  and  regulations 
of  miners,  and  provided  a  method  by  which  title  to  mining  claims  migiit 
be  acquired.  This  was  followed  by  the  Placer  Act' of  1870,  and  the 
Lode  Claim  Mining  Law  of  May  10th,  1872,  which,  with  slight  modifica- 
tions, are  atill  in  force  and  constitute  the  fundamental  law  upon  the  aub- 


(1)  The  United  States  Mining  Laws  were  first  extended  to  Alaska  by 
that  act  (of  May  17,  1884),  but  the  Carter  Act  of  the  present  Congress  con- 
tains a  similar  provision.     See  Appendix  B;  also  page  29  post. 


\ 


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8 


LEEHEYS   MINING   CODE. 


ject.  Each  state  may  add  to  the  federal  law  and  impose  additional 
requirements  as  to  requisites  of  discovery,  manner  of  location,  designi- 
tion  of  claims,  and  record  of  same,  wliile  the  miners  of  each  district  may 
organize  and  adopt  rules  and  regulations  for  the  acquisition  and  enjoy- 
ment of  mining  privileges  in  the  district,  which,  however,  must  conform 
to  both  the  federal  law  and  state  enactments. 


CHAPTER  II. 

WHO    MAY    LCKATK    MINING    CLAIMS. 


CITIZENSHIP. 


United  States  Law. 

Section  2319,  Revised  Salutes. — "All  valuable  mineral  deposits  in 
lands  belonging  to  the  United  States,  both  sxirveyed  and  unsurveyed,  are 
hereby  declared  to  be  free  and  open  to  exploration  and  purchase,  and 
the  lands  in  which  they  are  found  to  occupation  and  purchase,  by  citi- 
zens of  the  United  States  and  those  wh'o  have  declared  their  intention  to 
become  such,  under  regulations  prescribed  by  law,  and  according  to  the 
local  customs  or  rules  of  miners  in  the  several  mining  districts,  so  far  as 
the  same  are  applicable  and  not  inconsistent  with  the  laws  of  the  United 
States." 

Sec.  2321. — "Proof  of  citizenship,  under  this  chapter,  may  consist, 
in  the  case  of  an  individual,  of  his  own  affidavit  thereof;  in  the  case  of 
an  association  of  persons  unincorporated,  oi  the  affidavit  of  their  author- 
ized agent,  made  on  his  own  knowledge,  or  upon  information  and  belief; 
and  in  the  case  of  a  corporation  organized  under  tlie  laws  of  the  United 
States,  or  of  any  State  or  Territory  thereof,  by  the  filing  of  a  cei titled 
copy  of  their  cliarter  or  certificate  oi  incorporation." 

Washington  Law. 

Constitution,  Art.  IT.,  Sec.  33. — "The  ownership  of  lands  by  aliens, 
other  than  those  who  in  good  faith  have  declared  their  intention  to  be- 
come citizens  of  the  I'^nitod  States,  is  prohibited  in  this  .^tate,  except 
whui  acquired  by  inheritance,  under  mortgage  or  in  good  faith  in  the 
ordinary  course  of  justice  in  the  collection  of  debts;  and  all  conveyances 
of  lands  hereafter  made  to  any  alien  directly,  or  in  trust  for  such  alien, 
shall  be  void:  Provided,  That  the  provisions  of  this  section  shall  not 
apply  to  lands  containing  valuable  deposits  of  minerals,  metals,  iron, 
coal,  or  fire  clay,  and  the  necessary  land  for  mills  and  machinery  to  be 


mttm 


oBsm 


LKRIIKY  .S    MININfi    CODK. 


9 


cse  additional 
tioD,  designi- 
h  district  may 
on  and  enjoy- 
mnst  conform 


HIP. 

il  deposits  in 
isurveyed,  are 
purchase,  and 
!hase,  by  citi- 
r  intention  to 
ording  to  the 
icts,  so  far  as 
of  the  United 

may  consist, 
n  the  case  of 
their  authov- 
in  and  belief; 
)f  the  United 
of  a  ceitified 


ids  by  aUens, 
ention  to  be- 
state,  except 
faith  in  the 
[  conveyances 
»r  such  alien, 
ion  shall  not 
metals,  iron, 
hinery  to  be 


used  in  the  develojuiient  thereof  and  the  manufacture  of  the  products 
therefrom.  Every  corporation,  the  majority  of  the  capital  stock  of 
which  is  owned  by  aliens,  shall  be  considered  an  alien  for  the  purposes 
of  tliie  prohiliition."' 

Sees,  lois,  -ir)-i;),  4550.  Bal.  Code  provide  in  substance  that  any 
alien  who  is  not  di-qualified  to  become  a  citizen  of  the  United  States, 
shall  liave  the  right  to  acquire  by  purchase,  devi.se  or  descent,  and  hold 
and  convey  in  the  usuiil  manner,  lands  and  any  estate  therein  the  same 
as  if  he  were  a  citizen.  Tlie  right?  so  conferred  extend  to  the  building 
and  ojierating  of  railways,  tramAvays  and  bridgef.  and  to  the  ownership 
of  huuls  in  conneetiui  tiiercwith,  and  all  estates  in  lands  attempted  ti 
be  conveyed  to  aliens  jirior  to  the  adf)i)tion  of  the  state  constitution  are 
confirmed. 

XOTK  OX  WA8HlX(iT0N  LAW.— It  will  appear  that  the  three 
sections  of  tlie  code  last  cited,  or  at  least  the  two  first  numbered,  which 
were  enacted  prior  to  the  adoption  of  the  state  constitution,  are  in  a 
degree  in  conllict  with  the  section  of  the  constitution  quoted  above,  and 
to  that  extent  they  will  be  held  to  be  modified  by  the  adoption  of  the 
constitution.  'I'lu'  ext-'ut  of  this  n)odification  has  never  been  judicially 
declared.  Biu  >ince  uiuler  the  laws  of  the  United  States  an  alien  cannot 
obtain  a  patent  to  a  mining  claim,  that  mucli  is  settled.  When  the 
claim  has  once  l)efn  ])atented,  however,  it  Ix'comes  real  property,  and 
subjec;  to  dispo-iition  under  the  laws  of  the  state,  and  a.s  the  constitu- 
tional inhibit 'on  (h»es  not  apply  to  "lands  containing  valuable  deposits 
of  minei'als."  it  is  safe  to  state  that  aliens  can  ac(piire  and  hold  ami  con- 
vey title  to  mine?i  in  Washington,  thougli  of  coursie  they  cannot  acquire 
directly  by  patent  from  the  United  States  government. 

Alaska  Law. 

(From  Alt  of  Congress,  Approved  May  14,  1898.) 
''Sec.  i:i, — 'J  bat  native-born  citizens  of  tlie  Dominion  of  Canada 
shall  be  accorded  in  said  district  of  Ala.ska  the  same  mining  rights  and 
])rivik'ges  accortleil  to  citizens  of  the  United  States  in  British  Columbia 
and  tl)e  .Vorl invest  Territory  by  tlie  laws  of  tlu-  Dominion  of  Canada  or 
the  local  laws,  rules,  and  regulations;  but  no  greater  rights  shall  be  thur 
ai'corded  than  citizens  of  the  United  States  or  pers(»ns  who  have  declarwl 
their  intention  to  becoim-  such  nwy  enjoy  in  said  district  of  Alaska;   and 
the  Secretary  ol  the   inteiior  shall  from  time  to  time  promulgate  and 
enforce  rules  and  regulations  to  carry  this  provision  into  effect." 
(From  Land  Office  Regulations  Issued  June  8,  1898.) 
"  5;f.    Bv  the  laws  of  the  Dominion  of  Canada  citizens  of  the  United 


21. 


10 


LKEHKYS   MININO    CODK. 


<T'i    As. 


17??     I 


LV_*i  —J 


States  are,  with  all  other  i)or5ons  over  18  years  of  age,  permitted  to  lease 
mineral  lauds  in  British  Columbia  and  the  Northwest  Territory  upon 
the  payment  of  a  certain  royalty  to  the  general  government,  but  the  laws 
of  that  Dominion  do  not  authorize  the  purchase  of  mineral  lands  ui 
British  Columbia  or  the  Xortlnvest  Territory. 

"  54.  The  existing  laws  of  the  United  States  do  not  make  any  provi- 
sion for  the  leasing  of  mineral  lands  in  Alaska  either  to  citizens  of  the 
United  States  or  to  others,  but  they  do  provide  for  and  authorize  the 
purchase  of  such  land'  in  Alaska  by  our  own  citizens. 

"  55.  Since  this  section  accords  to  native-born  citizens  of  Canada 
the  same  mining  rights  and  privileges  accorded  to  citizens  of  the  United 
States  in  British  Columbia  and  the  Northwest  Territory  by  the  laws  of 
the  Dominion  of  Canada,  and  since  under  the  laws  of  the  Dominion  of 
Canada  the  only  mining  rigtits  and  privileges  accorded  to  citizens  of  the 
United  States  are  those  of  loading  mineral  lands  upon  the  payment  of  a 
stated  royalty,  and  since  the  laws  of  the  United  States  do  not  accord  to  its 
own  citizens  the  right  or  ))rivilege  of  leasing  mineral  lands  in  Alaska,  and 
since  this  section  al;o  jirovides  that  no  greater  rights  shall  be  thus  ac- 
corded to  citizens  of  the  Dominion  of  Canada  'than  citizens  of  the  United 
States  of  persons  who  have  declared  their  intention  to  become  such  may 
enjoy  in  such  district  of  Alai-ka/  it  results  that  for  the  time  being  this 
section  is  inoperative." 

As  there  is  no  other  direct  legislation  upon  the  subject,  and  as  this 
matter  is  not  subject  to  any  regulations  Ity  local  rules  of  minors,  the 
federal  law  will  be  the  sole  guide.  The  following  remarks  will  apply 
generally  to  both  Washington  and  Alaska: 

CITIZENSHIP.— The  right  to  acquire  mineral  land  of  the  govern- 
ment is  restricted  to  citizens  of  the  United  States,  and  to  those  who  have 
declared  their  intention  to  become  such.  Under  the  term  "citizens"  are 
included  fonwlos  as  AvolLas  males,  associations  and  partnerships  com])osed 
■of  citizens,  and  corporations  org-anjzed  under  tlie  laws  of  any  state  or 
of  the  United  States.  'Jt  has  alto  Ijcen  held  that  a  minor  is  a  citizen,  and 
may  locate  and  hold  mining  claims  (1). 

The  restriction  upon  aliens  applies  as  M-ell  to  alien  corporations,  and 
an  entry  of  mineral  land  for  tlie  Ijonefit  of  such  corporation  cannot  be 
made  even  l)y  a  citizen  of  the  Ui^'ited  States  (2).  An  honorable  discharge 
from  the  United  States  atniy  is  ecjuivaleut  to  a  (Icclaj-ation  of  intention, 
and  so  also  is  the  residence  of  an  alien  in  tlie  United  States  during  the 
last  three  ytvars  of  his  minoritv.     The  declaration  of  a  husband  or  father 


1' 


(1)  Thompson  vs.  Spray,  72  Cal.  OH;    14  Pac.  Rep.  182. 

(2)  In  Re.  Capricorn  Placer,  10  L.  D.  641:    See  also  11  L.  D.  425. 


■^' 


i 


J 


''"     ■       '■--" 


LKEHEY  S   MINING   CODE. 


11 


nnittcd  to  hasa 
Torn'toi'v  ui>on 
It,  l)ut  tiic  laws 
iiioral  lands  ui 

lake  any  provi- 

citizoiis  of  tlu} 

authorize  the 

sns  of  Canada 
of  the  United 
)y  the  laws  of 
Dominion  of 
citizens  of  tlie 
payment  of  a 
t  accord  to  its 
n  Alaska,  and 
1  be  thus  ac- 
of  the  United 
nie  such  may 
lie  being  this 


,  and  as  this 

miners,  the 

s  will  apply 


the  govern- 
se  who  have 
citizens"  are 
ps  composed 
my  state  or 
citizen,  and 

ratioiis,  and 
cannot  be 
e  discharge 
L  intention, 
during  the 
d  or  father 


is  the  declaration  of  the  widow  and  minor  children,  if  residents  of  the 
Unite<l  States,  and  upon  the  su'bse<pient  death  of  such  husband  or  father 
the  widow  and  children  may  become  naturalized  by  taking  the  oath  re- 
quired by  law.  The  naturalization  of  the  husband  or  father  confers 
citizenship  upon  the  wife  and  minor  children,  if  residents  of  the  United 
States. 

EIGHTS  OF  ALIENS.— An  alien  who  has  not  declared  his  inten- 
tion  to  become  a  citizen  of  the  United  States  oaiv-apqui|Q  by  Tocation  no 
right  to  any  of  the  mineral  lands  ojE  the  United^  States  (3).  But  where  an 
alien  and  a  citizen  unite  in  making  a  location  the  claim  is  valid  as  to  the 
■citizen,  and  in  such  case  whore  the  alien,  conjointly  with  his  co-locator, 
expends  time,  money  and  labor  in  developing  the  claim,  he  cannot  be  de- 
prived of  his  share  by  his  co-locator  (4).  Where  a  claim  validly  located 
by  a  citizen,  is  triinsfcrred  to  an  alien,  the  latter  may  hold  the  same  aa 
against  all  the  world  except  the  United  States  (5). 

Even  where  the  alien  is  still  in  the  possession  of  the  claim  he  has 
located,  no  one  has  the  right  to  eject  him  therefrom  except  the  govern- 
ment of  the  I'nitt'd  States,  but  any  qualified  locator  may  relocate  the 
claim,  if  the  relocation  be  made  without  force  or  violence  (6). 

NECESSITY  OF  COMPLYING  WITH  THF.  LAW.— There  is  no 
method  of  acquiring  title  to  the  mineral  lands  of  the  I'nited  States  other- 
wise than  by  a  compliance  with  the  mining  law?  of  the  United  States 
Mere  possession  of  the  ground,  no  matter  how-  complete  or  long  con- 
tinued, cannot  inaugurate  any  title  whatever.  There  is  no  such  thing  as 
adverse  possession  as  against  the  United  States  (T). 

CONCLUSIONS.— In  his  valuable  work  on  "The  Law  Relating  to 
Mines  and  Mineral  I^ands"  Mr.  Lindley  states  his  conclusions  upon  the 
subject  of  this  cliapter  to  the  effect  that  an  alien  may  ])oth  locate  and  pur- 
chase a  mining  claim  and  also  hold  and  dispose  of  tiie  >ame  until  his  right 
to  do  so  is  attacked  in  a  direct  proceeding  again?t  him  by  the  United 
States  (a  citizen  cannot  do  so).  An  alien  cannot  obtain  a  patent,  though 
should  he  become  naturalized  after  having  made  the  location  his  right  be- 
comes complete  and  relates  back  to  confirm  the  location  and  enables  him 
to  proceed  to  patent  (8).  In  the  .same  way  a  location  made  by  an  alien 
may  be  transferred  by  him  to  a  citizen  who  may  ol)tain  a  patent  (9). 

(3)  Lee  vs.  Justice  Mng.  Co.,  29  Pac.  Rep.  (Colo.)  1n22. 

(4)  BUUngs  vs.  Aspen,  51  Fed.  Rep.  338. 

(B)  Manuel  vs.  Wulff.  152  U.  S.  506;    14  Sup.  Ct.  Rep.  652. 

(6)  Wilson  vs.  Triumph  Co.",  56  Pac.  Rep.  (Utah)  300. 

(7)  Gleason  vs.  Martin,  13  Nev.  455. 

(8)  Lindley  on  Mines,  Sec.  234;    Manuel  vs.  Wulff,  Supra. 

(9)  Lindley,  Sec.  233. 


I 


II 


• 


5\ 


h 


! 


i>-v^ 


>      I 


/rf 


II 


.*'* 


12 


LEEHEY8   MINING   CODE. 


CHAPTER  III. 

DISCOVERY   OF   LODE   CLAIMS. 

United  States  Law. 

Sec.  2320,  Eeviticd  S-tatiitcs. — "No  location  of  a  mining  claim  shall 
be  made  until  the  discovery  of  tlie  vein  or  lode  within  the  limits  of  the 
claim  located." 

Washington  Law. 

Sec.  3152,  Bal.  Code. — "  *  *  *  jj^j  j^q  location  of  a  mining 
claim  shall  be  made  nntil  the  discovery  of  the  vein  or  lode  within  tho 
limits  of  the  claims  located." 

Sec.  4,  i\<t  of  1899,  Page  70.— "The  term  'lode'  as  nsed  in  this  act 
sliall  be  construed  to  mean  ledge,  vein  or  deposit." 

DISCOVERY  IS  THE  FOUNDATION  OF  TITLE.— In  all  district 
ndes  and  customs  of  miners,  and  later  in  all  laws  of  the  United  States 
and  of  the  various  states,  discovery,  followed  by  appropriation,  has  been 
recognized  as  the  foundation  of  title  to  mines,  and  development  the  con- 
dition of  retention  (1).  A  location  without  a  discovery  is  void,  and  the 
discovery  must  be  upon  the  unappropriated  public  lands.  A  discovery 
upon  ground  already  located  will  not  support  a  location,  not  even  as  to 
such  portion  of  the  claim  as  may  lie  upon  unappropriated  land  (2).  And 
the  discovery  must  be  of  a  lode  or  vein;  mere  detached  pieces  of  quartz 
are  not  sufTicient  to  support  a  location  (3). 

ONE  DISCOVERY,  ONE  LOCATION.— A  discovery  must  o. 
treated  as  an  entirety,  and  the  basis  of  but  one  location.  It  cannot  sup- 
port two  locations  having  a  common  end  line  that  bisects  the  discovery 
shaft  (4). 

WHAT  IS  A  "  VEIN  "  OR  "  LODE  "?— The  use  of  the  terms  "vein,'' 
"lode"  and  "ledge"  in  the  mining  law  of  1872  woidd  seem  to  indicate 
that  it  was  the  object  of  Congress  to  avoid  any  limitation  in  the  applica- 
tion of  the  law  which  a  scientific  definition  of  the  term  might  impose. 
A  "vein"  is  a  seam  or  fissure  in  the  earth's  crust,  filled  with  quartz  or 
other  rock  in  ])laco.  carrying  gold,  silver  or  otlier  valuable  metal.  It 
may  be  thin  or  thick,  rich  or  ])oor,  ]irovided  it  contain  even  the  smallest 
quantities  of  the  nu'tals  named  in  the  statute.  A  "lode"  in  the  broadest 
sense  of  tlie  term,  is  any  formation  which  a  miner  would  follow  in  the 

(1)  Justice  Filed  In  Jennlson  vs.   Kirk,  98  U.  "S.  453. 

(2)  Llndley  on  Mines,  Sec.  337;  Little  PUtsburg  Cons.  Co.  vs.  A.  M.  Co.,  17  Fed. 
Rep.  67. 

(3)  Jupiter  Mng.  Co.  vs.  Bodie  C.  Mng.  Co.,  11  Fed.  Rep.  675. 

(4)  McKlnstry  vs.  Clark,  4  Mont.  370;    1  Pac.   Pep.  759. 


£*   - 


m 


' 


!laiin  shall 
ttits  of  the 


a  mining 
within  tho 

in  this  act 

all  district 
ited  States 
1,  has  heen 
at  the  con- 
id,  and  the 
k.  discovery 
even  as  to 
^2).  And 
s  of  quartz 

must  ov 
annot  sup- 
3  discovery 

-ms  "vein/' 
to  indicate 
he  applica- 
ht  impose. 
L  quartz  or 
metal.  It 
he  smallest 
lie  broadest 
How  in  the 

Co.,  17  Fed. 


LEEIIKYS   MINING   CODE. 


13 


cxjioctation  of  lindiiig  ore.  It  is  a  zone  or  lu-ll  i)t"  luinoralizod  rock 
lyinjr  within  boundaries  clearly  separating  it  from  the  neighboring  or 
country  rock.    A  lode  may  and  often  doos  contain  moro  than  one  voin  (')). 

WALLS. — There  is  notliiiig  in  tlu^  laws  of  oitiicr  the  Tnitod  States, 
Washington  or  Alaska,  which  requires  the  actual  discovery  i^f  a  wall  or 
walls  to  the  vein.  They  are  of  importance  only  as  indicating  tho 
boundaries  of  the  lode,  and  with  well-defined  walls  very  slight  evidence 
of  the  ore  therein  will  l)e  sufticient. 

LOCATOR  NKKl)  NOT  BE  THE  FIRST  DISCOVERKR.— It  is 
not  necessary  that  the  locator  should  be  the  first  discoverer,  but  the  vein 
must  be  known  to  hiiu  and  clainuil  by  him  (0). 

STRSTANCES  IIKLD  TO  r>E  MINERAL,  AND  HKXCE  SUB- 
JECT TO  LOCATION.— The  following  have  \m'u  held  to  l)e  such  by 
the  Land  Department: 

Asjdialtuin,  petroleum  and  the  mineral  hydrocarbons,  borax,  nitrate 
and  carlionate  of  soda,  sulphur  and  alum,  kaolin,  or  china  clay,  mica, 
umber,  gypsum,  limestone,  marble,  diamonds,  clay,  pliosphates,  building 
stone  and  stone  of  special  commercial  value,  coal,  slate. 

SALT  LANDS  are  classified  as  mineral,  but  while  these  lands  are 
held  to  be  reserved  from  railway  grants  and  formerly  were  entered  under 
the  mineral  land  laws,  the  Land  Department  will  no  loiig(>r  permit  them 
to  be  so  accpiircd.  They  can  be  taken  only  as  salines,  and  there  is  now 
no  provision  for  the  entry  or  sale  by  the  United  States  of  saline  lands 
in  either  Wa.-hingtoii  or  Alaska. 

DEFINITION  OF  TERM  "MINERAL  '  IN  WASHINGTON.— 
While  it  lias  long  been  the  settled  doctrine  both  in  England  and  elsewhere 
in  this  country,  that  the  term  "mineral"  should  be  underjtood  in  its 
widest  signification,  yet  the  Supreme  Court  of  Washington  in  Wlieel.T 
vs.  Smith  (5  AVash.  :04;  3^  Pac.  Rep.  781)  has  sought  to  limit  tlie 
meaning  of  the  term  to  metallic  substances  or  ore,  and  hence  held  tluit 
lands  chiefly  valuable  for  building  stone  could  not  be  entered  under  the 
mineral  land  laws.  As  to  this  particular  substance  the  ruling  is  now  un- 
important, for  building  stone  lands  may  now  bo  taken  cither  as  placers 
under  the  Act  of  Congress  of  August  14,  189'^,  or  under  the  timber  and 
stone  act  of  June  3,  18T8.  But  the  decision  may  be  important  -is  an  ex- 
jpression  of  the  court  upon  the  meaning  that  is  to  lie  given  the  term 
"mineral."     The  decision  is,  however,  in  conflict  with  that  of  all  state 


(5)  Eureka  Case,  4  Sawyer  302;  Iroa  Silver  Mngr.  Co.  vs.  Cbeesman,  116  U.  S. 
529;  U.  S.  vs.  Iron  Sliver  Mngr.  Co.,  128  U.  S.  680.  For  a  complete  definition  of  the 
term  "lodt"  and  discussion  of  Its  requisites  as  to  continuity,  see  B.  &  B.  Mng.  Co. 
vs.  Socletp  Anonyme  Des  Mines  De  Lexington,  23  Mont. ;    58  Pac.  Rep    111. 

(6)  Nevada  Sierra  Oil  Co.  vs.  Home  Oil  Co.,  9S  Fed.  Rep.  673. 


;?;.. 


14 


LEKHEY8   MINING   CODE. 


If   \ 


3 


s^ 


vj 


■  4 


courts  Avliioli  liavo  passed  xipon  the  subject,  as  well  as  contrary  to  the  rule 
in  tlie  Land  Department,  and  is  not  likely  to  be  followed  as  a  precedent 
even  in  this  state.  , 

SCHOOL  SECTIONS.— Mining  claims  upon  the  grant  to  the  state 
for  educational  purposes.  By  section  20  of  the  "Act  to  Establish  the 
Territorial  Government  of  Washington  Territory,"  approved  March  2, 
1853,  it  was  ]irovided  "that  when  the  lands  in  said  territory  shall  be  sur- 
veyed under  the  direction  of  the  government  of  the  United  States  pre- 
paratory to  bringing  the  same  into  market  or  otherwise  disposing  thereof, 
sections  numbered  sixteen  and  thirty-six  in  each  township  in  said  terri- 
tory shall  be,  and  the  same  are  hereby,  reserved  for  the  purpose  of  being 
applied  to  the  common  schools  in  said  territory."  This  was  re-enacted 
in  the  enabling  act.  Xo  mineral  lands  were  to  pass  by  this  grant.  But  by 
''mineral  lands"  was  meant  lands  known  to  be  such  at  the  date  of  the 
grant.  Upon  the  survey  of  the  townships  and  designation  of  the  sections 
therein  the  grant  to  the  state  is  complete.  It  is  made  the  duty,  however,  of 
the  deputy  surveyor  in  the  field  to  note  in  the  returns  of  the  survey  the 
character  of  the  land,  and  if  any  such  sections  be  returned  as  mineral  the 
same  do  not  pass  to  the  state.  Since  the  examination  in  the  survey  is 
necessarily  very  superficial  it  often  follows  that  lands  actually  mineral 
are  not  so  noted  upon  the  returns  to  the  survey  and  hence  pass  absolutely 
to  the  state,  and  its  title  will  not  thereafter  be  disturbed.  But  if  any  such 
lands  be  designated  as  mineral,  they  are  thus  reserved  from  such  grant. 
The  return  is  prima  facie  evidence  of  their  mineral  character  and  there- 
after the  same  are  open  to  exploration  and  acquisition  under  the  mining 
laMs  (:). 

Alaska. 

There  i?  no  special  legislation  concerning  the  subject  of  discovery  in 
Alaska,  and  local  mining  districts  are  not  empowered  to  regulate  the 
same.  The  foregoing  remarks  of  course  apply  to  Alaska  as  well  as  to 
Washington. 


(7)    HermocUla  vs.  HubbeU.  89  Cal.  5;  26   Pac.    Rep. 
mineral  lands  :n  "Washington,  see  Appendix  B. 


Gil. 


As  to  lease  of  state 


'imismiimemm^.->^ 


ttmm 


•ary  to  the  rule 
as  a  precedent 

it  to  the  state 
Estahlish  the 
)ve(l  March  2, 
y  shall  be  sur- 
ed  States  pre- 
ssing thereof, 
»  in  said  terrl- 
rpose  of  being 
vas  re-enacted 
frant.    But  by 
le  date  of  the 
>f  the  sections 
y,  however,  of 
he  survey  the 
is  mineral  the 
the  survey  id 
ually  mineral 
»ass  absolutely 
Ht  if  any  such 
n  such  grant. 
;er  and  there- 
!r  the  mining 


discovery  in 

regulate  the 

as  well  as  lo 

lease  of  state 


LKEHEYS   MINING    ("ODE. 


15 


CHAPTER  IV. 

LOCATION    OK    I.ODK    ("LAIMS. 

United  States  Law. 

Sec.  232(1,  lievified  Statutes. — "Alining  claims  upon  veins  or  lodes  of 
quartz  or  other  roik  in  place  bearing  gold,  -iilver,  cinnabar,  lead,  tin, 
copper,  or  other  v-nluablo  deposits,  heretofore  located,  sliall  be  governed 
as  to  length  along  tlie  vein  or  lode  by  the  customs,  regulations  and  laws 
in  force  at  the  date  of  their  location.  A  mining  claim  located  after  the 
tenth  day  of  May,  oiglitcen  hundred  and  seventy-two,  whether  located 
by  one  or  more  persons,  may  equal,  but  shall  not  exceed,  one  thousand 
Imo  hundred  feet  in  length  along  the  vein  or  Imle;  but  no  location  of  a 
mining  claim  shall  ^'o  made  until  the  discovery  of  the  vein  or  lode  within 
tliC  limits  of  t]\e  claim  located.  No  claim  sJiall  extend  more  than  threo 
hundred  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  nor 
shall  any  claim  be  limited  by  any  mining  regulation  to  less  thru  twenty- 
five  feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  except 
where  adverse  riglits  existing  May  10,  18T2,  render  such  limitation  neces- 
sary.   The  end  lines  of  each  claim  shall  be  parallel  to  each  other." 

Sec.  2324. — ''The  miners  of  each  mining  district  may  make  regula- 
tions not  in  conflict  with  the  laws  of  the  United  States,  or  with  the  lawd 
of  the  state  or  territory  in  which  the  district  is  situated,  governing  the 
location,  manner  of  recording,  amount  of  work  necessary  to  hold  pos- 
session of  a  mi.  'ng  claim,  subject  to  the  following  requirements:  The 
location  must  be  distinctly  marked  on  the  ground  so  that  its  boundaries 
can  be  readily  traced,*'  etc. 

Washington  Law. 

Sec.  31ol.  Bal.  Code. — "All  mining  claims  upon  veins  or  lodes  of 
quartz  or  other  rock  in  place,  bearing  gold,  silver,  or  other  valuable 
mineral  deposits  heretofore  located,  shaJ)  lie  governed  as  to  length 
along  the  vein  or  lode  by  the  customs,  regulations,  and  laws  in  force  at 
the  date  of  such  location.'' 

Sec.  3152. — '"A  mining  claim  located  upon  any  vein  or  lode  of  quartz 
or  other  rock  in  place,  bearing  gold,  silver  or  other  valuable  mineral  de- 
]iosits  after  the  approval  of  this  act  by  the  governor,  whether  located  by 
one  or  more  persons,  may  equal,  but  shall  not  exceed,  fifteen  hundred 
feet  in  length  along  the  vein  or  lode;  but  no  location  of  a  mining  claim 
shall  be  jiiade  until  the  discovery  of  the  vein  or  lode  within  the  limit«« 
of  the  claims  located.  No  claims  shall  extend  more  Uian  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface,  nor  shall  any 


le^ 


1 


n 


■J   -1 


<i«y 


:.?'^1j 


.  "i 


\M< 


\  3?w' ' ' 


11 


1 

l>       ,'1 

'■t 

f-> 

ii 

t 

HiWiJiiWiiil 

' 

. 

16 


I.KKIIKYS    MINING    CODIO. 


claiiT.s  be  liinitofl  liy  any  iiiiniii<;  rof,ni]ntion  to  less  tlian  fil'ty  feet  of  sur- 
face; oil  ciicli  .side  of  tlir  middle  of  siuli  vein  or  lode,  at  the  >urfaee,  ex- 
ce))tinji  wliere  adveisc  rights,  e^•i^'ting  at  tlie  date  of  the  approval  of  this 
act,  shall  iiiakt'  such  limitation  iiet-essary.  The  end  lines  of  such  claim 
shall  he  parallel  to  each  other.'' 

Sec. "J,  Act  of  !><!»!».  i»a<r(.  (lil. — "Before  fi'^'ig  such  notice  for  record, 
the  discovi'i'cr  .-liidl  locate  his  claim  by  first  s  lUfy  a  discovery  shaft  ui)on 
the  lode,  to  the  depth  of  ten  (l(i)  feet  fro,.i  the  lowest  part  of  the  rim 
of  such  shaft  at  the  -iirface.  and  shul!  post  at  the  discovery  at  the  time 
of  discoviMy  a  notice  contaiuinj;  the  nanu'  of  the  lode,  the  name  of  the 
locator  or  locators,  and  the  date  of  dispovery,  and  shall  nuirk  the  surf^iU-e 
hoiindarics  of  the  claim  hy  jilaeing  substantial  ]iosts  or  stone  monu- 
ments Iteariuir  the  name  of  the  lode  and  date  of  location;  one  ]io.-t  or 
monument  mu,-t  ai)pear  at  each  corner  of  such  cIamu;  such  ])osts  or 
nu>numents  must  he  not  less  than  three  (3)  feet  hi<rh;  if  posts  are  used 
they  shall  lie  not  less  than  four  inches  in  dianu'ter  and  shall  bo  set  in  the 
ground  in  a  substantial  maniU'r.  If  any  such  claim  be  located  on  ground 
that  is  covered  v.holly  or  in  ]>art  with  brush  or  trees,  such  brush  siliall 
be  cut  and  trees  be  markeil  or  blazed  along  the  lines  of  such  claim  to 
indicate  the  location  of  such  lines."'" 

Sec.  .']. — "Any  open  cut  or  tuniu'l  having  a  length  of  ten  (10)  feet, 
which  shall  cut  a  lode  at  the  depth  of  ten  (10)  feet  below  the  surface, 
shall  hold  such  lode  the  Siime  as  if  a  discovery  shaft  were  sunk  thereon, 
and  shall  be  equivalent  thereto." 

See.  !>. — '"Tlie  jtrovision  herein,  relating  to  discovery  shafts,  .shall 
not  apply  to  any  mining  location  Avest  of  the  summit  of  the  Cascade 
mountains." 

F()1!MS. — l'"()r  a  form  of  Xotico  of  Location  for  })osting  on  the  claim 
recommended  for  use  in  Washington,  see  Form  Xo.  1,  Appendix  A,  and 
for  a  form  i'(tr  record  see  Form  Xo.  2,  both  of  which  meet  fully  the  re- 
quirements of  the  law  of  the  state,  and  if  carefully  followed  by  locators 
will  lead  to  a  better  systiun  of  records  of  mining  titles. 

LOCATIOX  JXIT1ATF8  TITLE.— The  act  of  location  is  the  post- 
ing of  notice.  Therel)y  the  title  of  the  locator  is  initiated  and  he  serves 
notice  upon  all  the  world  of  his  discovery  and  claim.  He  thereupon  be- 
comes entitled  to  the  statutory  time  (ninety  days  in  Washington,  and 
such  time  as  local  rules  may  provide  in  Alaska),  in  which  to  explore  his 
vein,  mark  his  boundaries  and  record  his  location.  The  federal  and 
state  legislation  on  this  subject  may  be  amplified  in  any  district  by  local 
rules. 

LOCAToIiS. — The  names,  but  not  necessarilv  the  signatures  of  the 


fci't  of  siir- 
siirt'rtcc,  ox- 
nival  of  this 
>iii-li  claim 

for  ropord, 
V  shaft  upon 
of  tlie  rim 
at  tlio  time 
name  of  tlic 
tlic  siirfaoc 
tone   moiiu- 
oiK'  ])o.-t  or 
ifli   posts  or 
osts  arc  uscil 
lio  sot  in  tiie 
li  on  frround 
liriisli  siliall 
icli  claim  to 

V'n  (10)  feet, 

tlio  surface, 

uiik  tlicrcon, 

.«li.'ifts.  shall 
the  Cascadi; 

'»n  the  claim 
■ndix  A,  and 
fully  the  re- 
!.  hy  locators 

is  the  post- 
nd  he  serves 
ereupon  be- 
ington,  and 

explore  hi.s 
federal  and 
:'ict  by  local 

tures  of  the 


I.KKHEY  S    MIXIXG    CODK. 


17 


locators  are  required  to  1)0  stated  in  the  ))osted  notice.  An  agent  may 
locate  for  his  ])rincipal,  and  the  latter  may  be  either  a  person  or  a  cor- 
porati(»n.  The  claim  located  by  an  a«jent,  even  if  the  location  be  made 
in  his  own  name,  will  be  the  ])roperty  of  the  principal  (1).  The  same  is 
true  of  a  partnership  (2).  The  agent  or  jiartner  so  locating  takes  and 
holds  the  title  in  trust. 

I'OWKIfS  OV  ATTOKNKY,  and  the  location  of  claims  by  that 
means,  arc  ]»ermitted  hy  law.  Xor  is  there  any  provisioi-  in  the  recently 
I'Mactcd  Carter  Alaska  Code  to  the  contrary. 

JMAIKNSIOXS  OF  LOC'ATIOX.— The  location  may  equal  but  shall 
not  exceed  fifteen  hundred  feet  in  length  along  the  course  of  the  vein, 
and,  in  the  absence  of  miners'  regulations  limiting  the  width,  may  include 
surface  grouiul  three  hundred  feet  wide  on  cither  side  of  the  middle  of 
the  vein.  'J'he  ])osted  notice  should  dcsign^ate  the  portions  of  the  1500 
feet  of  length  claimed  on  either  side  of  the  point  of  discovery,  but  in  .1 
case  under  a  similar  law  where  the  notice  failed  to  do  this  it  was  held 
that  the  claim.ant  might  hold  ^."iO  feet  along  the  vein  each  way  from 
point  of  discovery  (3). 

NOTICES  LIIJKKALLY  COXSTUCKl).— While  the  i)rudent  lo- 
cator will  be  Oiireful  to  have  his  lociition  notice  exactly  right,  yet  it  i? 
true  that  courts  arc  inclined  to  be  liberal  in  their  construction  of  the 
notices  required  by  state  law.  Mistakes  in  directions  and  distances  often 
occur,  and  more  ground  is  often  inchidtKl  within  the  location  that  the 
law  allows,  but  such  mistakes  do  not  invalidate  the  location.  Positive 
exactness  in  such  matters  shonid  not  hi'  expected  or  required  (4). 

FLOATING  OH  SHIFTIXd  OF  THE  CLAIM.— The  i)osting  of  the 
notice  holds  the  vein  to  the  extent  claimed  for  the  period  of  ninety  days. 
During  this  ninety  day  period,  the  locator  may  swing  his  claim  in  any 
direction  required  to  include  his  vein,  and  all  persons  entering  the  terri- 
tory which  may  thus  be  located  for  the  purpose  of  making  explorations 
on  their  own  account  do  so  at  their  own  ])eril.  The  law  fully  protects 
the  rights  of  ihc  first  locator  during  the  period  allowed  him  for  perfect- 
ing his  location.  The  first  locator  must  act  in  good  faith,  however,  and 
he  will  not  be  justified  in  swinging  his  claim  for  the  purpose  of  including 
the  vahuible  discovery  of  a  neighlior.  "When  the  corners  are  once  estab- 
lished all  swinging  of  the  claim  must  cease  lo).  • 


(])    Raymond  vs.  Johnson,  17  Wash,  232.  49  Pac.  Rep.  492;  Book  vs.  Justice  Mng. 
Co.,  58  Fed  Rep.  lOG;    Dunlap  vs.  Pattison,  42  Pac.  Rep.  504. 

(2)  HlPbour  vs.  Reading,  3  Mont.  15. 

(3)  Erhardt  vs.  Boaro,  113  V.  S.  527. 

(4)  Richmond  Mng.  Co.  vs.  Rose,  114  U.  S.  57(5;    Book  vs.  Justice  Co.  Supra. 

(3)    GU'ason  vs.  Martin  White  Mng.  Co.,  13  Nev.  46S;    Sanders  vs.  Noble,  55  Pac. 
Rep.  1037. 


,  f..'^ 


18 


LEKIIKYS    MININ(i    CODE. 


,    \ 


EXrL()I{ATl(>X  OK  DKNKF.OPMKN'r  WORK.— The  object  of 
.requiring  (levolopiiient  worlv  of  the  locator  at  the  time  of  the  location 
is  not  only  to  prevent  nuTcly  speculative  locations,  and  to  insure  the 
good  faith  of  the  locator,  but  also  to  compel  the  locator  at  the  outset  t^ 
disclose  the  lodo  he  claims  and  to  reveal  its  course  or  strike.  The  work 
must  be  performed  witliin  ninety  days  after  the  notice  of  location  is 
])osted  on  the  claim.  If,  however,  a  greater  length  of  time  than  this  is 
consumed  in  perforining  the  work,  and  adverse  rights  of  third  parties 
Iwne  not  intervened  before  its  completion,  the  rights  of  the  locator  would 
not  be  forfeited  because  of  the  di?lay. 

MARKI^'G  BOUNDARIES.— The  only  requirement  of  the  law  of 
the  United  States  in  regard  to  the  manner  of  locating  a  mining  claim  i.s 
that  "the  location  must  be  distinctly  marked  on  the  ground  so  that  its 
boundaries  can  be  readily  traced."  The  location  is  never  complete  until 
the  boundaries  are  so  marked,  but  if  the  work  be  done  within  the  ninety 
days'  allotted  time,  it  will  relate  back  to  the  date  of  the  location,  and 
thereafter  will  be  deemed  to  have  been  done  as  of  that  date.  The  ]a\v 
of  Wa.shington  as  Just  quoted  (Sees.  2-3,  Act  of  1899)  is  very  explicit  in 
its  requirements  and  should  be  carefully  followed  (fi).  '"'Posts  from  five 
to  seven  inches  in  diameter,  firmly  planted  in  the  ground  at  the  corners 
and  ends  of  a  mining  claim,  and  standing  not  less  than  five  feet  above 
ground,  are  permanent  monuments,  within  the  meaning  of  the  Revised 
Statutes  of  the  United  States,  section  2324,  requiring  all  records  of  such 
claims  to  contain  a  description  of  the  claim  by  reference  to  some  natural 
object  or  permanent  monument  as  will  identify  the  claim,  and  a  recorded 
notice,  which,  in  addition  to  a  reference  to  such  posts,  also  gives  the 
general  direction  and  distance  of  the  claim  from  a  lake  and  a  river,"  has 
been  recently  held  a  sufficient  compliance  with  the  law  (7).  Note 
carefully  that  tlie  law  of  Washington  requires  that  the  "name  of  the  lode 
and  date  of  location"  shall  api)ear  on  the  post  or  monument  at  each 
corner  of  the  claim,  and  such  requirements  are  held  to  be  mandatory  (6), 

CORNER  M0NUMP:NTS  on  ground  already  APPROPRI- 
ATED.— There  is  no  provision  of  law  forbidding  corner  monuments  to 
be  established  on  ground  already  appropriated  and  belonging  to  third 
parties.  In  locating  contiguious  claims  this  often  occurs,  and  the  val- 
idity of  such  monuments  is  in  no  way  impaired  thceby  (8). 

EFFECT^  OF  THE  DESTRUCTION  OF  MONUMENTS.— The 
locator,  having  once  established  the  monuments  required  by  law,  is  n/>t 


(6)  Purdum  vs.  Laddin,  59  Pac.   Rep.   (Mont.)  153. 

(7)  Credo  Mng.  Co.  vs.  Highland  M.  &  M.  Co.,  95  Fed  Rep.  911. 

(8)  Del  Monte  M.  Co.  vs.  Last  Chance  Co.,  171  U.  S.  55. 


LKKIIEY  S   MININii    CODK. 


19 


-The  object  of 
of  the  location 
I  to  insure  the 
at  the  outset  tr> 
ike.  The  work 
of  location  is 
me  than  this  is 
of  third  parties 
0  locator  would 

t  of  the  law  of 
mining  claim  is 
'Unci  so  tliat  its 

comi)]ete  until 
thin  the  ninety 
e  location,  and 
late.  The  la\r 
very  explicit  in 
Posts  from  five 

at  the  corners 
five  feet  above 
of  the  Revised 
records  of  such 
0  some  natural 
and  a  recorded 
also  gives  the 
d  a  river/'  has 
w  (7).      J^ote 
me  of  the  lode 
iment  at  each 
nandatory  (6). 
APPROPRT- 
nonuments  to 
ging  to  third 
,  and  the  val- 
)• 

ENTS.— The 
y  law,  is  not 


charged  with  the  duty  of  protecting  thorn  from  destruction.  His  right 
cannot  be  divested  by  the  obliteration  or  removal  of  the  corner  posts 
without  his  fault  (9). 

PARALLEL  END  LINES.— The  end  line?,  that  is,  those  lines  which 
are  crossed  by  the  vein,  should  be  parallel.  If  not  parallel,  the  location 
is  not  thereby  void,  but  the  effect  is  the  loss  to  the  owner  of  ijlie  right  to 
follow  the  vein  on  its  dip  beyond  the  .^ide  lines  (10).  Hence  a  claim 
located  in  the  form  of  a  triangle  has  no  cxtralateral  rights  (11).  But 
M'hen  the  claim  is  surveyed  for  patent  the  end  lines  can  be  so  laid  off  as 
to  be  pamllel,  and  this  should  then  bo  done,  even  if  necessary  to  relin- 
quish a  portion  of  the  ground  covered  originally. 

LOCATION  INSUFFICIENTLY  MARKED  may  be  cured  by  new 
markings,  if  before  adverse  rights  have  intervened.  (See  Re-Location 
and  Amended  Location,  page  54.) 

WEST  OF  SUMMIT  OF  CASCADE  MOUNTAINS  IN  WASH- 
lN(rTON  no  discovery  shaft  is  required  by  the  express  exception  con- 
tained in  Sec.  9  of  the  Act  of  1809.  The  preliminary  exploration  work 
required  in  the  act  is  by  this  section  limited  to  Eastern  Washington. 
The  validity  of  this  exception  will  perhaps  be  questioned.  It  can  be 
safely  stated,  however,  that  as  the  law  is  gene""i  in  its  operation  and 
only  the  exception  is  special,  the  objection  can  oe  raised  only  to  that 
section.  Should  the  court  ultimately  hold  that  the  legislature  cannot 
s(!  legislate,  the  act  itself  will  not  be  affected,  but  only  that  section  and  the 
exception  thereby  attempted  will  be  dec^'ared  void.  In  other  words,  the 
effect  will  be  to  require  a  full  compliance  with  the  entire  act  throughout 
the  state.  While  we  know  of  no  serious  objection  to  the  power  of  the 
legislature  to  make  the  exception,  yet  Ave  believe  that  the  locator  of  a 
valuable  mine  will  avoid  litigation  at  least  by  ^inking  the  discovery 
ehaft  or  cut  as  required  by  the  act. 

Alaska  Law. 

There  is  no  s})ecial  requirement  as  to  the  manner  of  location  of  min- 
ing claims  in  Alaska,  and  therefore  such  of  the  foregoing  remarks  as 
apply  to  the  statutory  provisions  of  Washington  will  have  no  application 
ij)  that  district.  The  United  States  law,  however,  states  the  maximum 
size  of  claims  and  requires  discovery,  appropriation,  marking  of  corners, 
parallel  end  lines,  and  states  generally  what  the  record  of  mining  loca- 


(9)  Montana  Co.  vs.  Clark,  42  Fed.  Rep.  626. 

(10)  L.ii>dley  on  Mines,  Sec.  365. 

(11)  Montana   Co.    vs.    Clark,    Supra;  Doe  vs.  Waterloo  Mng.  Co.,  B4  Fed. 


Rep. 


935. 


1 


l^'    .. 


i; 


7,  ^'^'l 
« 


^" 


*i  !l 


20 


I.KKHKY  8    MINlNd    <(H)I':. 


lions  iiMist  sli(»\v.  'I'lifsf  t()ii(liti(»iis  iiiiist  lie  ciirt't'iilly  foUtiwt'd,  and  \w- 
yoiid  this  tlio  matter  is  left  I'nr  such  fnrtlicr  n'<|\iir('inonts  as  niny  he  im- 
jioHcil  \>\  tlic  ndcN  and  rciridatinns  adopted  in  the  various  inininji; 
districts.  Jn  tins  connection  we  (|not<'  IVoni  l-imd  Ollicc  liojfuhitions  of 
June  -.Mtli.  ISiMi: 

•••I.  Uy  the  i'orejfoiniT  it  will  l»e  ](orceivpd  tiuit  no  lode  claim  located 
after  the  Itith  day  of  .May.  ]H','l,  can  e\ce(»d  a  parallelogram  tifteen  hun- 
tlred  feet  in  len<rth  hy  six  hundred  feet  in  width,  hut  whether  surface 
ground  of  that  width  can  l)e  taken  depends  upon  the  local  regulations  or 
state  or  territorial  laws  in  force  in  Mio  several  mining  districts;  and  that 
no  such  local  regidations  or  state  or  territorial  laws  shall  limit  a  vein  or 
l(id(  ( laini  ti»  less  than  tifteen  hundred  feet  along  the  course  thereof, 
whcliici  the  location  is  niad(>  liy  one  or  more  piTsoiis,  nor  can  surface 
rights  he  limited  to  Ic.-s  tlmin  lifty  feet  in  widtii  unless  adverse  claims, 
existing  on  the  JtMh  day  of  May,  1H72,  render  such  lateral  limitation 
r.ecessary. 

"  i».  Locators  cannot  exercise  too  nnieh  care  in  defining  their  lowi- 
tion-at  tlu'ofitset,  inasmuch  as  the  law  recpiires  that  ali  records  of  min- 
ing i(/cations  made  suhseijuent  to  ^lay  Id,  iH'i'i,  shall  contain  the  name 
or  ]iames  of  the  locators,  the  date  of  the  location,  and  such  a  descrii)tion 
of  the  claim  or  claims  located,  hy  reference  to  some  natural  ohject  or 
pern'anciU  monument,  as  will  identify  the  claim. 

'•10.  >>o  lode  claim  shall  be  located  until  after  the  discovery  of  a 
veiji  or  Jodc  within  the  limits  of  the  claim,  the  object  of  which  ])rovision 
is  evidently  to  })revent  tlie  approjuiation  of  ))resumed  mineral  ground 
for  s|)cculative  purposes,  to  the  exclusion  of  bona  fide  prospectors,  before 
eiiflicic'.it  work  has  been  done  to  determine  whether  a  vein  or  lod(;  really 
exists. 

"'Ii.  'J'he  claimant  should,  therefore,  jirior  to  locating  liis  claim, 
unless  till  vein  can  be  traced  upon  the  surface,  sink  a  shaft  or  run  a 
tiniiicl  or  drift  to  a  siinicicnt  depth  therein  to  discover  and  develop  a 
mineral-bearing  vein,  lode,  or  crevice;  should  determine,  if  possible,  the 
geneial  course  of  such  vein  in  either  direction  from  the  point  of  discov- 
ery, by  which  direction  he  will  be  governed  in  marking  the  boundaries 
of  his  claim  on  the  surface.  His  location  notice  should  give  the  courso 
and  dir-tance  as  nearly  a.s  practicable  from  the  discovery  shaft  on  \,he 
claim  to  some  permanent,  well-known  points  or  objects,  such,  for  in- 
Btance,  as  stone  monuments,  blazed  trees,  the  confluence  of  streams,  point 
of  intersection  of  well-known  gulches,  ravines  or  roads,  prominent  buttes, 
hills,  etc.,  which  may  be  in  the  immediate  vicinity,  and  which  will  serve 
to  perpetuate  and  fix  the  locus  of  the  claim  and  render  it  susceptible  of 


Ilowcd.  and  bo- 
as may  Iw  irii- 
i'aiious  miiiiiiii; 
Kogulation.s  of 


3  claim  Idc-ated 
m  fiftivMi  liun- 
lit'tlicr  surface 
ivf^ulatious  or 
■icts;  and  that 
iniit  a  vein  or 
nur.so  thereof, 
)r  can  surface 
dvcrsc  ( laims. 
ral  limitation 

ng  thoir  loai- 
cords  of  min- 
ain  the  name 
a  description 
iral  object  or 

iscovcry  of  a 
ich  provision 
iieral  ground 
-H'tors.  hefore 
n-  lode  really 

g  his  claim, 
Eift  or  run  a 
id  develop  a 
possible,  the 
it  of  discov- 
;  boundaries 
B  the  courso 
haft  on  the 
ich,  for  in- 
[•eams,  point 
nent  buttes, 
h  will  serve 
sceptible  of 


LKKHKY's    MININ(i    CODK. 


21 


identification  from  the  description  thereof  given  in  the  record  of  locations 
in  the  district,  and  should  be  duly  recorded. 

"lui.  In  addition  to  the  foregoing  data,  the  claimant  should  state 
.lie  Jiames  of  adjoining  claims,  or,  if  none  adjoin,  the  relative  positions  a( 
the  nearest  claims;  should  drive  a  ])ost  or  erect  a  nionument  of  stones 
at  each  corner  of  his  surface  ground,  and  at  the  point  of  discovery  or 
discovery  .-.haft  should  fix  a  post,  stake  or  board,  upon  which  should  be 
designated  the  name  of  the  lode,  the  name  or  names  of  the  locators,  the 
number  of  feet  claimed,  and  in  which  directif»ii  from  the  point  of  dis- 
cr.ve.ry;  it  being  essential  that  the  location  notice  filed  for  record,  in 
addition  to  the  foregoing  description,  shr.uld  state  whether  the  entire 
claim  of  fifteen  hundred  feet  is  taken  on  one  side  of  the  point  of  dis- 
covery, or  whether  it  is  partly  upon  one  and  partly  upon  the  other  side 
thereof,  and  in  the  latter  case,  how  many  feet  are  claimed  upon  each  side 
of  such  discovery  point. 

"  J.i.  The  location  notice  must  be  filed  for  record  in  all  respects  as 
required  by  the  state  or  territorial  laws  and  local  rules  and  regulatifnis, 
if  there  be  any.'' 

h\nm  FOR  LODE  LOCATION  NOTICE  IX  ALASKA  is  sid)- 
mitted  in  Form  No.  3,  Appendix  A.  Some  matters  are  tilijea-ein  stated 
whic^h  are  not  expressly  retjuired  by  law,  but  tlu-  i)rudent  locator  will 
oin:l  to  !*tate  nothing  that  is  therein  suggested. 


CHAPTER  V. 

KECORD   OF   LODE   LOCATIONS. 

United  States  Law. 

Sec.  2324,  Revised  Statutes. —  *  *  *  ..  ^^jj  reconls  of  mining 
claims  hereafter  made  shall  contain  the  name  or  names  of  the  locators, 
the  date  of  the  location,  and  such  a  description  of  the  claim  or  claims 
locatei'  hy  reference  to  some  natural  object  or  permanent  monument  as 
will  identify  the  claim." 

Washington  Law. 

Sec.  1,  Ant  of  1899,  Page  69. — "The  discoverer  of  a  lode  shall  within 
ninc\v  (!)0)  days  from  the  date  of  discovery,  record  in  the  office  of  the 
puditor  of  the  county  in  which  such  lode  is  found,  a  notice  containing 
th?  Uiimc  or  names  of  the  locators,  the  date  of  the  location,  the  number 
of  feet  in  length  claimed  on  each  side  of  the  discovery,  the  general  course 


22 


lekhey's  mining  code. 


1     ll 


.    1    r 


of  the  lode  and  riicli  a  doscrii)ti()n  of  the  claim  or  (■laiiiis  located  by  ref- 
erence to  some  natural  object  or  permanent  moninnent  a?  will  identify 
the  claim." 

F(>RM  NO.  2  in  Appendix  A  meets  the  i-eqnirements  of  the  fore- 
going law  and  is  submitted  as  the  proper  form  of  notice  of  location  for 
record  in  Washington. 

FORMER  WASHIXGTOX  LAW.— Sees.  3155-7  of  Ballinger's 
Annotated  Code.=  and  Statutes  of  Washington,  in  force  prior  to  1899, 
empowered  mining  districts  to  elect  a  Recorder,  cnnumerated  his  duties, 
and  provided  for  the  record  of  mining  locations  and  transfers  with  such 
oflicer,  and  at  the  same  time  provided  for  the  record  of  such  instru- 
ments in  the  office  of  the  County  Auditor  withi7\  thirty  days  after  the 
execution  of  the  same.  The  sections  are  doul)tlcss  repealed  1)y  the  Act 
of  1899,  and  mining  districts  in  Washington  are  therefore  unaffected 
by  any  st^ate  legislation.  Indeed  the  state  legislation  has  left  no  neces- 
eiiy  for  their  organization. 

Alaska  Law. 

(From  the  Carter  Act  Recently  Passed  by  Congress.) 

Sec.  15,  Title  L,  provides  that  the  Clerk  of  the  District  Court  of 
Alaska  for  each  division,  Avho  shall  be  ex-officio  Recorder,  shall 
record:         *         *        *  . 

"  Seventh — Notices  and  declaration  of  water  right's; 

"  Ninth — Atlidavits  of  annual  work  done  on  mining  claims; 

"  Tenth — Notices  of  mining  location  and  declaratory  statements; 

"Eleventh — Such  other  writings  as  are  required  or  permitted  by  law 
to  be  recorded,  including  the  liens  of  mechaniics,  laborers,  and  others: 
Provided,  Notices  of  location  of  mining  claims  shall  be  filed  for  record 
within  ninety  days  from  the  date  of  the  discovery  of  the  claim  described 
in  tlie  notice,  ami  all  instnunents  shall  be  recorded  in  the  recording 
district  in  which  the  jiroperty  or  subject  matter  affected  1)y  the  instru- 
ment js  situated,  aiul  wiiere  the  property  or  subject  matter  is  not  situated 
in  any  established  rcMrdiug  district  the  instrument  affecting  the  same 
shall  be  recorded  in  the  othce  of  the  clerk  of  the  division  of  the  court 
having  .supervision  over  the  recording  division  in  which  siich  property 
or  sul)ject  matter  is  situated." 

Sec.  2G  of  the  same  act  extends  the  General  Mining  Laws  of  tlie 
United  States  to  Alaska  That  section  is  copied  in  full  in  Chapter  VIL, 
page  29  post. 

FORM  l-'OR  LODl-:  LOCATION  NOTICE  for  record  in  Alaska  is 
the  same  as  thai   n'(iuin'(l  to  he  posted  on  the  claim,  and  Form  No.  .3, 


" 


LEKHKYS    MINING    CODE. 


2a 


l<»r'ated  by  ref- 
as  will  identify 

its  of  the  fore- 
of  location  for 

of    Bal  linger 's 
prior  to  1899, 

ated  his  duties, 
fers  with  such 

3f  such  instru- 
days  after  the 

led  l)y  the  Act 

ore  unaffected 

left  no  neces- 


ress.) 

trict  Court  of 
ecorder,    ghall 


iius: 

atenients; 
initted  by  law 
?,  and  others: 
led  for  record 
aim  described 
tlie  recordino- 
>y  the  instru- 
s  not  situated 
ing  the  same 
of  the  court 
ueli  property 

Laws  of  the 
'liapter  VIL, 

in  Alaska  is 
Form  No.  3. 


I 


Appendix  A,  is  submitted  as  containing  all  the  neces.*ary  requirements. 
Care  mnst  always  be  taken,  however,  to  ascertain  and  o1)serve  the  local 
rules,  if  in  an  organized  mining  district  in  Alaska. 

THE  PURPOSE  OF  THE  RECORDED  LOCATIOX  XOTICE  is 
to  establish  a  permanent  record  of  the  location.  It  should  conform  to 
the  statute  and  should  show  the  fulfillment  of  every  requirement  of  the 
law.  When  properly  maa^.  and  recorded  it. furnishes  constructive  notice 
to.  the  world  of  the  facts  which  it  recites. 

One  of  the  most  important  requisites  of  such  a  statement  is  that  it 
shall  contain  such  a  description  of  the  claim,  located  by  reference  to 
some  natural  object  or  permanent  monument  as  will  identify  the  claim. 
If  the  situation  of  the  claim  is  so  indefinitely  or  inaccurately  described 
that  the  claim  cannot  be  found  by  means  of  it,  then  the  record  affords 
no  notice  to  any  one,  and  any  person  not  having  actual  knowledge  of 
the  claim  oan  relocate  the  ground  and  hold  the  same  1iy  a  good  title.  If 
such  relocator,  however,  has  actual  knowledge  of  the  prior  location  he 
cannot  take  advantage  of  the  defective  record.  He  has  such  knowledge 
if  the  claim  be  in  the  actual  possession  of  the  prior  locator  (1) 

NATURAL  OBJECTS  AND  PERMANENT  MONUMENTS.— The 
natural  object  may  consisi;  of  any  fixed  natural  object  in  the  immediate 
viciniry,  such  as  a  prominent  boulder  of  unusual  size  or  shape,  the 
confluence  of  streams,  the  point  of  intersection  of  well  known  gulches, 
ravines,  or  roads,  proriiinent  buttes,  hills,  etc.  The  permanent  monu- 
ment may  be  a  conspicuous  stone  jiionumeut  constructed  for  the  pur- 
pose, a  prominent  post  or  stake  firmly  planted  in  the  ground,  well  known 
shafts  or  tunnels  on  neighboring  claims,  an  adjoining  claim  whose  loca- 
tian  is  generally  known,  or,  what  is  best  of  all,  a  corner  of  the  United 
States  land  survey.  It  is  no  objection  to  a  permanent  monument  that 
it  is  on  the  claim  itself.  In  each  case  the  question  wlietliei'  the  object 
chosen  is  such  a  natural  object  or  permanent  monument  as  serves  to 
identify  the  claim  is  a  question  of  fact  for  the  jury. 

The  distances  from  the  discovery  shaft  or  other  initial  point  on  ilie 
claim  to  two  or  more  such  natural  objects  or  permanent  monuments 
should  be  given  with  as  great  accuracy  as  possible.  Such  objects  or 
monuments  as  lie  in  directions  nearly  at  a  right  angle  to  each  other  from 
the  starting. jjoint  should  be  chosen.     This  is  callel  "tieing  tii(>  claim." 

DESCRIPTION  OF  DEVELOPMENT  WORK.— There  is  nothing 
in  the  h.\v  of  Washington  which  expressly  requires  the  locator  to  stale 
in  his  recorded  notice  of  location  the  dimensions  or  location  of  the  dis- 


ci)   Lebanon  Co.  vs.  Con.  Rep.  Co.,  6  Colo.  379. 


C&ff«»H 


•'t 


\  li' 


^^v , 


m 


i>y 


\^ 


^^i! 


►». 


24 


LKKIIEYS    MIXIN(i    CODK. 


covery  shaft  or  out.  lint  tliis  wojk  i.s  ro<iiiired  to  be  clone  and  tlie 
coiners  properly  market]  "before  tiling  r-iieh  notice  for  record,"  and  tlie 
prudent  locator  will  incorporate  a  fitiUenient  of  the  same  in  his  record':'d 
notice  as  in  Form  No.  2,  Aj)pendix  A. 

VKIUFIOATION.— The  laws  of  Wasnington,  unhke  those  of  other 
mining  states,  do  not  re(piirc  tlmt  a  notice  of  location  be  verified. 
Hence  the  affidaviu  added  to  Form  No.  3  is  not  ahsolntely  necessary. 
Section  6  of  the  Act  of  1899,  however,  provides  for  the  record 
of  an  athdavit  showing  the  "j^erformance  of  annual  labor  or  the 
making  of  improvements  upon  any  qivartz,  or  lode  mining  claim,"  and 
that  such  recorded  affidavit  or  a  certified  copy  there  of  shall  be  receivud 
as  evidence  by  the  conrt.<.  Jiencc  it  would  seem  that  the  recorded 
notice  of  location  ffhoukl  show  this  preliminary  exploration  work  and  its 
allegations  be  verified  by  oath.  The  location  notice,  properly  made  and 
recorded,  is  prima  facie  evidence  of  a  discovery  (8),  but  it  must  contain 
every  requirement  of  the  statu  .  and  ii])on  this  point  the  law  is  man- 
datory (3). 

COMrUTATJON  OF  THllv-The  time,  within  which  any  act  i^ 
required  by  the  law  of  Washington  to  be  done,  is  computed  by  excluding 
the  first  dlay  and  including  the  last,  unless  the  last  is  a  holiday,  and  then 
it  also  is  excluded,  and  the  act  can  be  performed  on  the  day  following. 
Holidays  include  every  Sunday.  January  1,  February  12  aiul  22,  ^lay 
30,  July  4,  the  first  Monday  of  September,  Election  day,  Thanksgiving 
Day  and  December  25th  (4). 


CHAPTER  VI. 

PLACKRS. 

United  States  Law. 

Sec.  '^329,  l{ev.  Stats. — ""  Claim-  usually  called  'placers,'  including 
all  forms  of  deposits,  (jxcepting  veins  of  quartz,  or  other  rock  in  place, 
shall  be  subject  to  entry  and  |ialei't.  under  like  circumstances  and  con- 
ditions, and  u])on  «iniilar  ]>roceedin^s,  as  are  provided  for  vein  or  lode 
claims;  but  where  the  lands  have  been  previously  surveyed  by  the 
United  States,  the  entry  in  it.^  ''xtcrior  limits  .shall  conform  to  tlie  legal 
subdivisions  of  the  puiijie  lands." 

Act  of  August   -1,   1892. — ■*  Any   jierson   authorized   to  enter  lands 


(2)  LincUey  on  Mines,  Sec.  392. 

(3)  Purdiim  vs.  Laddln,  59  Pac.  Rep.  (Mont.)  153. 

(4)  Sees.  4709-11,  4790,  4S96,  Bal.  Code. 


^ 


m 


LEEHKY  S   MINING   CODE. 


25 


done  and  the 
cord,"  and  the 
n  his  record '-^d 

tJiose  of  other 
n  be  verified, 
tely  necessary, 
or    tlie    record 

labor  or  tlie 
ig  claim,"  and 
all  be  received 

the  recorded 
1  work  and  its 
erly  made  and 
t  must  contain 
c  law  is  man- 

ieli  any  act  i? 
I  by  excluding 
iday,  and  then 
day  following, 
and  22,  May 
Thanksgiving 


rs,'  including 
'oek  in  place, 
ices  and  con- 
vein  or  lode 
eyed  by  the 
1  to  tlie  legal 

enter  lands 


under  the  mining  laws  of  the  United  States  may  enter  lands  that  are 
chiefly  valuable  for  building  stone  under  the  provisions  of  the  law  in 
relation  to  placer  mineral  claims:  Provided,  That  lands  reserved  for 
Ihe  benefit  of  the  public  schools  or  donated  to  any  state  shall  not  be 
aibject  to  entry  under  this  act."    (27  Stats.  L.  348.) 

Sec.  2330. — "•  Legal  subdivisions  of  forty  acres  may  be  subdivided 
into  ten-acre  tracts;  and  two  or  more  persons,  or  associations  of  persons, 
having  contiguous  claims  of  any  size,  although  sucn  claims  may  be  less 
than  ten  acres  each,  may  make  Joint  entry  thereof;  but  no  location  of 
a  placer  claim,  made  after  the  ninth  day  of  July,  eighteen  hundred  and 
seventy,  shall  exceed  one  hundred  and  sixty  acres  for  any  one  person  or 
association  of  persons,  vhich  locfition  shall  conform  to  the  United 
States  surveys;  and  nothing  in  this  section  contained  shall  defeat  or 
impair  any  bona  fide  pre-emption  or  homestead  claim  upon  agricultural 
lands,  or  aiithorize  the  sale  of  the  improvements  of  any  bona  fide  settler 
to  any  purchaser. 

Sec.  2331. — "  \A'hfcre  placer  claims  are  upon  surveyed  lands,  and  con- 
form to  legal  subdivisions,  no  further  survey  or  plat  shall  be  required, 
and  all  placer  mining  claims  located  after  the  tenth  day  of  May,  eighteen 
hundred  and  soventy-two  shall  conform  as  near  as  practicable  with  the 
United  States  system  of  public  land  surveys,  and  the  rectangular  sub- 
divisions of  such  surveys,  and  no  such  location  shall  include  more  than 
twenty  acres  for  each  individual  claimant;  but  where  placer  claims  can 
not  be  conformed  to  legal  subdivisions,  survey  and  plat  shall  be  made 
as  on  unsurveyed  lands.        *        *        *      » 

Washington  Law. 

Sec,  10,  Act  of  1899,  p.  71. — "  The  discoverer  of  placers  or  other 
forms  of  deposit  subject  to  location  and  appropriation  under  mining 
laws  applicable  to  placers  shall  locate  his  claim  in  the  following  man- 
ner: 

"  First. — He  must  immediately  post  in  a  conspicuous  place  at  the 
point  of  discovery  thereon,  a  notice  or  certificate  of  location  thereof, 
containing  (a)  the  name  of  the  claim;  (b)  the  name  of  the  locator  or 
locators;  (c)  the  date  of  the  discovery  and  posting  of  the  notice  herein- 
before provided  for,  which  shall  be  considered  as  the  date  of  the  loca- 
tion; (d)  a  description  of  the  claim  by  reference  to  legal  subdivisions 
of  sections,  if  the  location  is  made  in  conformity  with  the  public  sur- 
veys, otherwise,  a  description  with  reference  to  some  natural  objtx;t  or 
permanent  monument  as  will  identify  the  claim;  and  where  such  claim 
is  located  by  legal  subdivisions  of  the  public  surveys,  such  location  shall, 

81, 


26 


IJCKHKYS    MINING    ('ODK. 


-.<*• 


\ 


4^^ 


i;i       I 


%'.  I 


i  ' 


i 


!,. 


nntwitlisitandiiiji'  that  fact.  In-  iiiarkod  hy  the  locator  upon  the  ground 
the  mnw  a?f  otlier  hications. 

".Sooond. — Witiiiu  thirty  CM))  days  from  the  date  of  such  discovery, 
he  niu^t  record  .Hich  notice  or  certificate  of  location  in  the  otfice  of  the 
auditor  of  the  county  in  which  «uch  discovery  is  made,  and  so  distinctly 
mark  his  location  on  the  jxround  that  its  honndaries  may  ho  readily 
traced. 

"  Tiiird. — Within  .^ixty  (<»())  days  from  the  date  of  the  discovery, 
the  discoverer  :«hall  perform  lahor  upon  such  location  or  claim  in 
developintr  the  ■■anie  to  an  amount  which  shall  he  eijuivalent  in  the 
aggre,uate  tn  at  least  ten  (10)  dollars'  worth  of  such  labor  for  each 
twenty  acres,  or  fractional  ]>art  thereof  contained  in  such  locUion  or 
claim. 

"  Fourth. — Such  locatiir  shall  ui>on  the  performance  of  such  labor, 
file  with  the  auditor  of  tlie  county  an  affidavit  showing  such  perform- 
ance and  generally  tlie  nature  and  kind  of  work  so  done.'' 

Sec.  11. — '■  The  allidavit  ])rovided  for  in  the  last  section,  and  the 
aforesaid  placer  riotice  or  certificate  of  location  when  filed  for  record, 
shall  be  lu'ima  facie  evidence  of  the  facts  therein  recited.  A  copy  of 
such  certificate,  notice  or  atlidavit  certified  by  the  county  auditor  shall 
be  admitted  in  evidence  in  all  actions  or  proceeding  with  the  same  effect 
as  the  original  and  the  provisions  of  .sections  si.\  and  seven  of  this  act 
shall  apply  to  placer  claims  as  well  as  lode  claims."  ■ 

Alaska  Law. 

The  discussion  of  the  law  as  to  placers  upon  the  beach  and  tide  lands 
in  the  Xome  region  of  Alaska  is  reserved  for  the  next  chapter. 
The  following  section  relates  to  records  of  mining  claims  generally  and 
is  from  the  (^'arter  act  to  jn'ovide  a  civil  government  for  Alaska,  just 
pas.sed  by  Congri'ss. 

Sec.  1-").  Title  I..  ])r"\i(lt'<  that  the  Clerk  of  the  District  Court 
of  Alaska  for  c;uh  divisimi  shall  be  ex-otlicio  lieeorder  and  shall 
record:        *        *        "' 

'■  .Seventh— Xotices  and  declaration  of  water  rights; 

'*  Ninth — AfiidavMs  of  annual  work  done  on  mining  claims: 
"  Tenth — Notices  of  mining  location  and  declaratory  statemcnta; 
"Eleventh — Such  other  writings  as  are  required  or  ])ern;itted  by  law 
to  be  recorded,  incliidiiig  the  liens  of  mechatiics,  laborers,  and  others: 
Provi'ded,  Notices  of  hxation  of  mining  claims  shall  be  filed  for  rexiord 
within  ninety  days  from  the  date  of  the  discovery  of  the  claim  described 
in  the  notice,  and  all  instruments  siliall  lx»  recorded  in  the  recordinsr 


) 


rssjiM' 


Ul..t-JWiW— 


LEEHEY  S   MINING   CODE. 


27 


nil  the  grounil 

such  discoveiy, 
le  oifice  of  the 
k1  so  distinctly 
lay  1)0  readily 

the  discovery, 
1  or  claim  in 
ivalent  in  the 
txbor  for  each 
h  locitiou  or 

of  such  labor, 
such  perform- 

tion.  and  the 

?d  for  record, 

A  copy  of 

auditor  shall 

le  same  effect 

LMi  of  this  act 


ind  tide  lands 

lext    chapter. 

aoncrally  and 

Alaska,  just 

istrict   Court 
-'!•   and    shall 


ims; 

atoments; 
iitted  by  law 
and  others: 
d  for  record 
ini  described 
le  recording 


district  in  which  the  property  or  subject  matter  affected  by  the  instru- 
ment is  situated,  and  where  the  property  or  subject  matter  is  not  situated 
in  any  established  recording  district  the  instrument  affecting  the  same 
shall  be  recorded  in  the  office  of  the  clerk  of  the  division  of  the  court 
having  supervision  over  the  recording  division  in  which  such  property 
or  subject  matter  is  situated." 

Sec.  26  of  the  same  act  e.vtends  the  General  Mining  Laws,  of  the 
United  States  to  Alaska.  That  section  is  copied  in  full  in  the  next 
chapter,  page  29  post.  The  mining  laws  of  the  United  States  were 
first  extended  to  Alaska  by  the  Act  of  May  14,  1884.     See  Appendix  B, 

FOIJMS. — A  form  of  Xotice  of  Location  of  Placers  for  both  posting 
on  the  claim  and  record,  recommended  for  use  both  in  Washington  and 
Alaska,  is  submitted  in  Fonn  No.  4,  Appendix  A. 

WHAT  MAi'  BE  LOCATED  AS  A  PLACER  MINING  CLAIM.— 
Alluvial  and  other  deposits,  not  rock  in  place,  bearing  gold,  copper  and 
other  valuable  metals  or  ])recious  stones,  and  also  deposits  of  kaolin, 
borax,  soda,  etc.,  may  l)e  located  as  placer  claims. 

BUILDING  STONE  may  be  located  under  the  Placer  Mining  Lawi 
by  special  authority  of  the  Act  of  August  4,  1892. 

CONFORMIXG  TO  PUBLIC  SURVEY.—While  .section  -i^-ld  of 
the  Revised  Statutes  prescribes  that  "where  the  lands  have  been  pre- 
viously surveyed  by  the  United  States,  the  entry  in  its  exterior  limits 
shall  conform  to  the  legal  subdivisions  of  the  public  lands,"  yet  it  can 
hardly  be  the  intention  of  this  provision  to  compel  the  claimant  to  in- 
clude non-mineral  land  in  his  location.  It  is  the  practice  of  the  land 
department  to  allow  the  patent  of  placer  claims  that  do  not  conform  to 
the  legal  sutxJivisions  of  the  public  lands,  where  it  is  shown  that  such 
claims  include  all  portions  valuable  for  mining  purpo.ses. 

TrXl)l{.\  CLADFS  may  be  located  as  placers.  And  such  claims 
may  1)0  extended  downward  on  the  beach  to  the  line  of  oixlinary  high 
tide.    See  next  chapter. 

CREEKS  AND  THE  BOTTOMS  OF  NON-NAVIGABLE 
STREAMS  may  be  located  as  placers.  Such  claims  may  be  made  to 
conform  to  the  couree  of  the  stream.  The  manner  of  making  such  loca- 
tions in  Ala.ska  at  least  is  governed  almost  entirely  by  the  local  rules  of 
each  district,  aaid  the  prospector,  if  in  an  organized  mining  district, 
should  fully  inform  himself  as  to  all  local  rules  before  making  a  location. 

IN  ALASKA  the  almost  universal  custom  is  to  require  location  of 
placer  claims  in  the  form  of  a  rectangle,  660  by  1320  feet  nuiximum 


size. 


POWERS  OF  ATTORNEY,  and  the  location  of  churns  bv  the  same, 


\ 


>        A, 


si' ■ 


28 


LEEHEY  S   MINING   CODE. 


are  not  prohibited  by  the  recently  pas,«ed  Carter  Act,  or  otherwise,  unless 
by  local  rules. 

MANNER  OF  LOCATING.— There  should  be  a  discovery  upon 
each  twenty-acre  claim.  It  is  true  that  tlie  Supreme  Court  of  Montana 
has  held  that  where  an  association  of  persons  jointly  locate  a  tract  of  160 
acres  as  a  placer  claim,  one  discovery  is  suflicient,  but  the  Land  Depart- 
ment has  ruled  that  a  separate  discovery  is  necessary  upon  each  twenty- 
acre  tract.  While  this  ruling  holds  it  is  necessary  it  should  be  complied 
with  in  order  to  secure  a  patent. 

When  not  located  by  legal  subdivisions,  the  location  notice  upon  a 
placer  claim  should  state  the  dimensions  of  the  surface  claim,  and  the 
number  of  feet  claimed  in  each  direction  from  discovery. 

In  the  case  of  a  placer  claim  the  notice  of  location  should  give  the 
area  in  acres  or  superficial  feet.  It  should  describe  the  location  upon 
the  claim  of  the  discovery  shaft  or  other  improvement,  and  give  its 
dimensions.  This  can  be  done  by  giving  the  distance  and  direction 
from  the  discovery  to  one  of  the  corners  of  the  claim.  If  the  claim  is 
upon  surveyed  land,  the  legal  subdivisions  covered  by  the  location  should 
be  given.     If  upon  unsurveyed  land,  the  notice  should  so  state. 


CHAPTER  VII. 


MINING    RIGHTS    UPON   THE    BEACH    AND   TIDE    LANDS  IN  PORTIONS  OF 
ALASKA,  INCLUDING    CAPE   NOME. 

THE  UNITED  STATES  LAW  is  silent  upon  the  subject  of  mini'>«T 
rights  on  lands  bordering  the  navigable  waters.  These  lands  have  been 
variously  designated  us  tide  lands,  beach  lands  and  shore  lands.  More 
accurately  defined,  the  beach  in  the  Nome  or  Bering  Sea  region  of 
Alaska  is  all  the  ground  that  lies  between  the  tundra  and  the  line  of  Ioav 
tide,  while  of  course  tide  lands  are  only  such  portions  of  the  beach  as  are 
alternately  covered  and  exposed  by  the  tide.  By  common  use  the  tenn 
beach  land  has  been  extended  to  inclade  all  the  ocean  bottom  out  to  the 
three  mile  limit.  As  a  general  doctrine  of  law  it  may  be  stated  that  tide 
lands  (lands  below  ordinary  high  tide)  belong  to  all  the  people,  and  are 
not  subject  to  locajtion  or  acquisition  under  the  mining  laws.  Indeed 
the  Secretary  of  the  Interior  has  so  held  in  the  Logan  case  in  an  opinion 


otherwise,  unless 

discovery  upon 
'ourt  of  Montana 
ate  a  tract  of  160 
he  Land  Depart- 
pon  each  twenty- 
ould  be  complied 

)n  notice  upon  a 
ie  claim,  and  the 

should  give  the 
he  location  upon 
;nt,  and  give  its 
ce  and  direction 
If  the  claim  is 
le  location  should 
so  state. 


IN  PORTIONS  OF 

ubject  of  mini'!"' 
lands  have  been 
ire  lands.  More 
g  Sea  region  of 
d  the  line  of  low 
the  beach  as  are 
ion  use  the  term 
)ttom  out  to  the 
I  stated  that  tide 
1  people,  and  are 
J  laws.  Indeed 
se  in  an  opinion 


LEEHEY  S   MINING   CODE. 


29 


dated  January  3,  1900  (1).  This  doctrine  renders  it  impossible  to 
acquire  title,  or  even  possessory  rights  for  mining  puqjoses  on  such  tide 
lands,  and  leaves  the  matter  subject  to  regulation  by  local  rules  in 
each  district.  We  now  quote  the  s}>ecial  provision  to  regulate  this  sub- 
ject incorporated  into  the  Carter  Act  to  provide  a  civil  government  for 
Alaska,  just  passed  by  Congress: 

Alaska  Law. 

Sec.  26,  Title  I.  "  The  laws  of  the  United  States  relating  to  mining 
claims,  mineral  locations,  and  rights  incident  thereto  are  hereby  extended 
to  the  I)i:-trict  of  Alaska:  Provided,  That  subject  only  to  such  general 
limitations  as  may  }ie  necessary  to  exempt  navigation  from  artificial  ob- 
structions, all  land  and  sihoal  water  between  low  and  mean  high  tide  on 
the  shores,  bays  and  inlets  of  Bering  Soa,  within  the  jurisdiction  of  the 
Statos.  shall  be  su])ject  to  exploration  and  mining  for  gold  and  other 
precious  metals  by  ciitizens  of  the  United  States,  or  persons  who  have 
legally  declared  their  intenti(m  to  become  such,  under  such  reasonable 
rules  and  regulations  as  the  miners  in  organized  mining  districts  may 
have  heretofore  made  or  may  hereafter  make  governing  the  temporary 
possession  thereof  for  exploration  and  mining  purposes  until  otherwise 
provided  by  law:  Provided  further,  That  the  rules  and  regulations  estab- 
lished by  the  miners  shall  not  be  in  conflict  with  the  mining  laws  of  the 
United  States;  and  no  exclusive  pennit  shall  be  granted  by  the  Secretary 
of  War  authorizing  any  person  or  persons,  corporation  or  company  to 
excavate  or  mine  under  any  of  said  waters  below  low  tide,  and  if  such 
exclusive  permit  has  been  granted  it  is  hereby  revoked  and  declared  null 
and  void ;  but  citizens  of  the  United  States  or  persons  who  have  legally 
declared  their  intention,  to  become  such  shall  have  the  right  to  dredge 
and  mine  for  gold  and  other  precious  met^ils  in  said  water  below  low  tide, 
subject  to  such  general  rules  and  regulations  as  the  Secretary  of  War  may 
prescribe  for  the  preservation  of  order  and  the  protection  of  the  interests 
of  commerce.  Such  rules  and  regulations  shall  not,  however,  deprive 
miners  on  the  beach  of  the  right  hereby  given  to  dump  tailings  into  or 
pump  from  the  sea  opposite  their  claims,  except  where  such  dumping 
would  actually  obstruct  navigation;  and  the  reservation  of  a  roadway 
sixty  feet  wide,  under  the  tenth  section  of  the  Act  of  May  14th,  1898, 
entitled  'An  Act  extending  the  homestead  laws  and  providing  for  right- 
of-way  for  railroads  in  the  District  of  Alaska,  and  for  other  pur^wses,' 
shall  not  apply  to  mineral  lands  or  town-sites." 

THE  SIXTY-FOOT  ROADWAY,  to  which  reference  is  made  in  the 


(t)    Spe  29  L.  D.  395,  citing  Shively  vs.  Bowlby,  152  U.  S.  1-58. 


30 


LEKHEYS   MINING   CODE. 


)  ■  ■ 


14', 


1 


^ 


M( 


Iff  <         '' 


sectmii  just  quoted,  is  a  strip  sixty  feet  in  vidtli  along  the  shore  line  of 
navigable  water.*  in  Alaska  reserved  by  the  Act  of  Congriss  of  May  14, 
18i)S.  for  the  use  of  the  public  as  a  highway.  It  was  providtKl  by  that 
act  tlvat  this  strip  should  not  be  conveyed  to  any  i>ei"son.  and  that  no 
rights  whatever  could  be  acquired  thereon,  but  the  section  jitst  quoted 
provides  that  this  reservation  shall  be  held  to  have  no  application  to 
mineral  lands. 

TIDE  LANDS,  accurately  defined,  are  lands  alternately  covere<l  and 
exposed  by  the  tide.  This  would  naturally  inchulc  in  the  designation 
all  lands  irvm  extreme  high  tide  to  extreme  low  tide.  But  in  the  section 
quoted  the  words  "mean  high  tide"  are  used.  This  of  course  means  the 
same  as  ordinary  high  tide,  and  the  line  of  ordinal*}-  high  tide  is  fixed 
by  nature  itself.  The  action  of  the  government  in  meandering  such  line 
will  not  actually  establish  it,  but  will  merely  indicate  where  the  laws  of 
nature  have  already  established  it.  This  line  will  be  the  lower  line  of 
ground  subject  to  entry  under  the  placer  or  other  mining  laws,  and  the 
upper  line  of  ground  which  may  be  operated  as  beach  or  tide  lands  under 
local  rules. 

PERMITS  BY  THE  SECRETARY  OF  WAR.— I'nder  this  section 
the  Secretary  of  War  may  grant  permits  to  mine  upon  the  beach  below 
low  tide.  The  War  Department  claimed  (and  doubtless  had)  the 
right  to  grant  such  permits  even  before  the  passage  of  the  act.  As  tho 
permits  so  granted  can  extend  to  only  such  portions  of  the  beach  as  arc 
"below  low  tide,"'  it  is  not  at  all  likely  that  they  will  in  any  manner 
conflict  Avith  mining  operations  conducted  under  authority  of  the  rules 
and  regulation!:  of  the  mining  districts,  and  if  so,  the  permits  will  doubt- 
less be  issued  subject  to  such  local  rules. 

LOCAL  RTLES  must  be  depended  upon  to  provide  the  methods  by 
which  rights  may  be  acquired  to  mine  upon  the  beach  below  the  line  of 
mean  high  tide.  The  questions  as  to  whether  exclusive  rights  shall  be 
granted  to  any  person  or  persons  to  mine  upon  any  particular  ]K)rtion  of 
the  tide  lands,  and  if  so,  the  size  of  such  claims  and  the  method  by  which 
the  same  may  be  acquired  and  held,  are  all  left  for  regulation  by  the 
miners  of  each  district,  whose  natural  rights  and  authority  to  make  such 
rules  and  regulations  are  recognized  and  extended  by  the  section  quoted. 
Of  course  local  rules  may  provide  for  mining  rights  and  privileges  under 
water  even  below  the  line  of  low  tide,  subject  to  such  rules  a.s  the  Secre- 
tary of  AVar  may  prescril)e.  for  it  is  provided  in  the  art  that  permits 
granted  by  the  War  Department  shall  not  be  exclusive.  In  sihort,  local 
rules  alone  will  govern  mining  lights  and  operations  on  the  tide  lands 
proper,  extending  from  the  line  of  mean  high,  tide  to  low  tide.    Above 


mmgm 


tmtm 


LKKIIEY  8    MINING    CODE. 


31 


>hore  line  of 
■t*5^.<  of  May  14, 
•oviflwl  by  that 
1-  and  that  no 
'Ji  just  quoted 
ii  I 'plication  to 

y  foverwl  and 
lie  designation 
in  the  section 
Ji'se  means  the 
1  tide  is  fixed 
''■inp'  .«uch  line 
re  tlie  laws  of 
lower  line  of 
hiw.s  and  the 
(^  lands  under 

T  this  section 

heaeh  beltw 

p?.*   had)    the 

act.     As  the 

'  beach  as  arc 

any  manner 

■  of  tlie  rule?? 

t^s  Avill  doubt- 

'  methods  by 
'V  the  line  of 
rhts  shall  be 
ir  portion  of 
od  by  which 
ition  by  the 
T  make  such 
tion  quoted, 
'leces  under 
1?  the  Secre- 
hat  permits 
short,  local 
'  tide  lands 
de.    Above 


the  liiu'  (it  liijili  tide  tlie  local  rules  will  govern,  subject  tK)  the  General 
Milling  Law*  of  the  I'liited  States  and  Alaska,  while  below  low  tide,  local 
rules  may  also  regulate  mining  rights,  but  subject  however  to  such  per- 
mits and  regulation-  as  may  bo  issued  by  the  Secreiary  of  Wa '. 

I'OWlvKS  ()!•'  ATTORNEY,  and  the  use  of  the  same  in  locating 
iiiining  claims,  are  not  jwohibited  by  the  ( "aWer  Act  or  by  any  laws  of  the 
riiite<l  States  or  Alaska,  but  as  local  rules  will  govern  entirely  as  to  min- 
ing rights  ii|i<)n  tide  lands,  a  prohibition  can  be  enacted  by  the  miners 
themselve-s  in  each  district.  In  the  same  manner  will  the  number  and 
size  of  claims,  amount  of  work  required,  etc..  be  regulated. 

IX  C'C)X("H'81()X.  it  may  bo  stated  that  all  mineral  lands  down  to 
the  line  of  mean  high  tide  on  the  shores  of  Bering  Sea  in  Alaska  may 
be  located  and  held  under  the  general  mining  laws,  but  that  all  tide 
lands  are  reserved  from  the  operation  of  such  laws,  and  mining  operations 
thereon  can  be  conducted  only  in  accordance  with  such  local  rules  and 
regulations  as  may  be  adopted  by  the  miners  in  each  district:  that  tide 
lands  incliule  all  between  low  tide  and  mean  liigli  tide;  that  mining  opera- 
tions below  the  line  of  low  tide  may  1k>  regulatnl^  by  local  rules,  subject 
however  to  such  jierniits  and  regulations  as  may  be  issued  by  the  Secre- 
tary of  War.  wliicli  ])ermit-.  however,  shall  in  no  case  be  exclusive. 


CHAPTER  VIII. 


MINING  DI8TKICT8  AND  LOCAL  RULES. 

United  States  Law. 

Sec.  231!>.  livx.  Stats. — "  All  valuable  mineral  deposits  in  lands  be- 
longing to  the  United  States,  both  surveyed  and  unsurveyed,  are  hereby 
declared  to  lie  free  and  open  to  exploration  and  purchase,  *  *  ♦ 
by  law,  and  accortling  to  the  local  customs  or  rules  of  miners  in  the 
several  mining  districts,  so  far  as  the  same  are  applicable  and  not  incon- 
sistent with  the  laws  of  the  United  States.'"' 

Sec.  232-1. — "  The  miners  of  each  mining  district  may  make  regu- 
lations not  in  conllict  with  the  laws  of  the  United  States,  or  with  tihe 
laM's  of  the  state  or  territory  in  which  the  district  is  situated,  governing  . 
the  location,  manner  of  recording,  amount  of  work  necessary  to  hold 
])os.session  of  a  mining  claim,  subject  to  the  following  requirements: 
The  location  inust  be  distinctly  marked  on  the  ground  so  that  its 
boundaries  can  be  readily  traced.      All  records  of  mining  claims  here- 


•   •     .32 


I.KKHEYS    MININfi    CODE. 


l'\ 


'  i'. 


aftiT  iiiiidt'  filiiill  fdiilain  tlit>  iiaiiio  or  names  of  the  locators,  the  date  of 
the  location,  and  such  a  ilt'^cription  of  the  claim  or  claims  located  by 
refcrcnit'  to  some  natural  olijeot  or  permanent  monument  as  will  iden- 
tify tlif  (  hiim."  etc.  * 

Washington  Law. 

Sec.  ;}1.j5  of  iiiil.  Cnilr  ]irovides  that  th(  miners  of  each  mining  di.s- 
trict  may  oloet  a  reconlci'.  atid  ciuimeratos  his  duties  with  reference  to 
the  keeping!-  of  records. 

Sec.  A]bG  ])rovides  thai  sucl)  I'ccorder  shall  hold  oflice  for  one  year; 
shall  lih-  an  oath  of  ollice  with  the  county  auditor;  shall  be  a  certifyinj,^ 
officer  iiiid  may  make  certilied  copies  of  records  in  his  possession;  shall 
receive  the  same  fees  as  the  county  auditor  for  similar  work,  and  should 
his  oflice  become  vacant,  this  section  provides  for  the  transmission  of  all 
records  to  the  county  auditor. 

Sec.  ;31.");  provides  that  "all  location  notices,  bonds,  assignments 
and  transfers  of  minin,!>-  claims  shall  be  recorded  in  the  oflfice  of  the 
county  auditor  of  the  county  where  the  same  is  situated,  within  thirty 
days  after  the  execution  thereof." 

Wc  now  quote  from  the  Act  of  1899,  pp.  72-73: 

Sec.r?. — "AH  locations  of  quartz  or  placer  formations  or  deposits 
hereafter  made  shall  conform  to  the  requirements  of  this  act  in  so  far 
as  the  same  are  resj)ectively  applicable  tliereto." 

Sec.  i;.{. — "Any  mining  district  organized  in  the  state  of  Washing- 
ton in  accordance  with  the  laws  of  the  United  States,  shall  have 
power  to  make  rules  and  regidations  for  such  mining  district,  provid- 
ing such  rules  and  regulations  do  not  conflict  Avith  the  laws  of  the  state 
of  Washington  or  of  the  United  States. 

Sec.  l-t. — "Any  mining  district  shall  have  the  power  to  make  road 
building  to  mining  claims  within  such  district  applicable  as  assessment 
work,  or  improvement  u})ou  such  claims:  Provided,  That  rules  per- 
taining to  such  road  building  shall  be  made  only  at  a  public  meeting  of 
the  miners  of  such  district  regularly  called  by  the  mining  recorder  of 
sucli  district;  Provided  further,  That  such  meeting  shall  be  attended 
by  at  least  twelve  (12)  ju-operty  holders  of  such  district,  and  that  no 
such  rule  can  be  made  without  the  assent  of  the  majority  of  the  property 
holders  of  such  district,  who  are  present  at  such  meeting.  Such  meeting 
to  designate  where,  when  and  how  such  road  work  shall  be  done,  and 
shall  designate  some  one  of  their  number  who  shall  superintend  such 
road  building  or  construction,  and  who  shall  receipt  for  such  labor  to 
the  performer  there  of,  such  receipts  to  be  filed  Mith  the  county  auditor 


itors,  the  dato  of 
laiins  located  Iiy 
out  us  will  idt'ii- 


^arli  mining  dis- 
iih  reference  to 


CO  for  one  year; 

I  be  a  certifying 
possession;  shall 
lork.  and  should 
iiismission  of  all 


assignments 


ids, 

he  office  of  the 

d,  within  thirty 


ions  or  deposits 
lis  act  in  so  far 

ate  of  Washing- 
ites,  shall  have 
district,  provid- 
aws  of  the  staty 

!r  to  make  road 

10  as  assessment 
riiat  rules  per- 
iblic  meeting  of 
ing  recorder  of 
lall  be  attended 
?t.  and  that  no 
of  the  property 

Such  meeting 

11  be  done,  and 
peri  n  tend  sucli 
r  such  labor  to 
county  auditor 


1 


LKKirKYS    MINING   CODE. 


33 


of  tilt'  county  in  which  such  work  is  performed  by  the  holder  or  holders 
i»f  sill  li  receipts,  and  s^hall  1k^  received  an  prima  facie  evidence  of  lal)or 
])erforiiH'il  as  annual  assessment  work  upon  such  claim  or  claims,  as  may 
be  designated  by  an  afTidavit  or  oath  of  labor  as  provided  for  in  section 
six  (Ti)  of  tiiis  act:  J'n)vid(Ml,  That  nothing  in  this  act  can  be  con- 
strued as  being  maiulatory  upon  any  owner  or  holder  of  mining  property 
to  perform  labor  upon  any  such  road." 

C():\L^^•:^T  on  WASIUN'JTOX  L'AW.— Sections  3155-7  of  Bal- 
linger's  C'ode,  cited  above,  have  doubtless  lieen  repealed  by  the  act  of  1899. 
The  Vnited  States  Mining  Law  has  ln-en  so  supplemented  by  state 
legislation  as  to  leave  little  necessity  for  rules  of  miners.  In  the  states 
it  seldom  hap])ons  that  the  miners  of  any  district  now  organize,  and 
where  such  organization  has  been  effected  and  the  rules  once  adopted 
allowed  to  fall  into  disregard,  the  .same  there])y  become  void  (1). 

Alaska  Law. 

The  Carter  Alaska  7\et,  just  passed  by  Congress,  provides  three  Di^i- 
tri'Ct  Judges  for  Alaska,  to  reside  at  Juneau,  Nome  and  Eagle  City. 
Section  13  of  Title  1.  of  the  Act  provides  that  these:  Judges  .sball  divide 
the  entire  district  of  Alaska  into  three  recording  divisions.  A  clerk  of  the 
Court  is  provided  for  each  division,  Avbo  shall  be  ex-ollico  recorder  for 
that  division.  This  se<?tion  then  jirovides  for  the  further  subdivision  of 
the  recording  divisions  into  recording  districts  and  the  appointment  of  a 
Court  Commis.sioner  for  ea(li.  who  shall  be  ex-ollicio  recorder  for  the 
district.     We  now  quote  the  latter  ]>ortion  of  this  rather  lengthy  section: 

Sec.  13. — "*  *  *  At  any  regular  or  sipecial  term  an  order  may  be 
made  by  the  Court  establishing  one  or  iiKjre  recording  districts  within  the 
recording  division  under  the  supervision  of  such  division  of  the  Court, 
and  defining  the  boundaries  thereof  by  reference  to  natural  objects  and 
permanent  landmarks  or  monuments,  in  such  manner  that  the  boundaries 
thereof  can  be  readily  determined. 

The  order  establishing  a  recording  district  shall  designate  a  Com- 
missioner to  be  ex-oflficio  recorder  thereof,  and  shall  alsio  designate  the 
place  where  the  Commissioner  shall  keej)  his  recording  oflfiee  within  the 
recording  district:  Provided,  The  Clerk  of  the  Court  shall  be  ex-officio 
recorder  of  all  that  portion  of  the  recording  division  under  the  super- 
vision of  his  division  of  the  Court  not  embraced  within  the  limits  of  a 
recording  district  established,  Iwunded  and  desicribed  therein  as  author- 
ized by  this  act,  and  when  any  part  of  the  divLsiqu  for  which  a  clerk  has 
been  recording  shall  be  embraced  in  a  recording  district,  such  clerk  shall 


(1)    North  Noonday  M.  Co.  vs.  Orient  M.  Co.,  1  Fed.  Rep.  522;    Jupiter  M.  Co.  vs. 
Brodle  Con.  M.  Co.,  11  Fed.  Rep.  673. 


84 


LKKHKVS   MININ<i    C01»K. 


■  i        I 


■     \ 


trfln8cril)o  tliat  |K)rtion  of  liis  rofords  n|vp«>rataininji;  to  sno/li  (ViHtrict  iiiitl 
(Iclivor  the  sjuir'  to  tlio  ('(timiiissidncr  dcsijiriiitod  as  recorder  thereof. 

"  Wliciu'vcr  it  ii)>|M'iir!s  to  tlic  siitisfactioii  of  tlu;  Court  that  the  public 
interests  deiiiand.  or  that  the  convcnii'ncc  of  the  people  require,  the 
Court  may  chan^'c  or  nvodify  the  boundaries  or  may  discontinue  a  record- 
ing district  or  chanpe  the  location  of  the  recording  of!ice,  or  remove  the 
Commissioner  acting  as  ex-officio  recorder,  and  apjwint  another  Commis- 
sioner to  fill  the  ot!icc."' 

Sec.  1(1,  Same  i  I  tic. — "*  *  *  Miners  in  any  organized  mining  dis- 
trict may  make  rules  and  regulations- governing  the  recording  of  notices  of 
location  of  mining  claims,  water  rights,  flumes  and  ditches,  mill  sites  and 
affidavits  of  labor,  not  in  conllict  witli  tliis  Act  or  the  general  laws  of  the 
United  States;  and  nothing  in  this  Act  shall  be  construed  so  as  to  prevent 
the  miners  in  any  regularly  organized  mining  district  not  within  any 
recording  district  establisJied  by  the  Cnurt  from  electing  their  own  min- 
ing recorder  to  act  as  such  until  a  recorder  therefor  is  appointed  by  the 
Court:  Pi'orkh'd  ftoihvr.  All  records  heretofore  regularly  made  by  the 
United  States  Commissioner  at  Dyea,  Skagway,  and  the  recorder  at 
Douglas  City,  not  in  conflict  with  any  recoixls  regularly  made  with  the 
Ignited  States  Commissioner  at  Juneau,  are  hereby  legalized,  and  all 
records  heretofore  made  in  any  regularly  organized  mining  district  are 
hereby  validated  and  made  ])ublic  records,  and  the  same  sihall  be  deliv- 
ered to  the  Recorder  for  li'?  recording  district  including  siicli  mining 
district  wiihin  six  month.-  i'iv>m  the  passage  of  this  act." 

THE  POWf:KS  CK  V  CTINC  DTSTIMCTS  are  limited  to  reasonable 
regulations  for  the  manner  of  acquiring  and  holding  mining  rights  and 
privileges.  No  rule  of  the  district  can  in  any  manner  contravene  or 
modify  any  law  of  the  .United  States  or  of  the  state  or  district.  Addi- 
tional requirements  can  be  imposed  if  the  same  be  reasonable.  It  is 
within  the  power  of  a  regularly  organized  mining  district  to  limit  the 
size  of  claims,  and  the  number  that  may  be  held  by  any  one  person;  to 
retjuire  the  expenditure  of  certain  amounts  during  stated  periods  to  hold 
the  claim;  to  make  special  regulation^;  concerning  records,  and  generally 
to  impose  reasonable  requirements  of  a  similar  character. 

DISTRICT  RULES  FOR  ^illNING  ON  THE  BEACH  AND  TIDE 
LANDS  are  discussed  in  Chapter  Vli.,  p.  :?0,  ante. 

NEW  DISTRICTS.— "Owing  to  the  exceptional  status  of  Alaska, 
having  no  territorial  legislature  and  its  mining  sections  so  distant  from 
points  from  which  judicial  protecton  can  be  looked,  the  organzation 
of  new  districts  in  that  territory,  with  a  full  set  of  rules,  will  doubtless 
frequently  occur.      In   such   case   the  minutes  of  the  first  meeting 


wKim 


lkehky'8  minino  code. 


35 


'  <li.stn('t  iiiid 
r  thereof, 
at  tho  public 
require,  the 
nue  a  rcconl- 
r  remove  the 
her  Conimis- 

1  milliner  dis- 
of  notices  of 
"lill  sites  and 
1  laws  oi  the 
as  to  prevent 
within  any 
'ir  own  niiii- 
in tod  ],y  tho 
iiade  by  tho 
recorder   at 
de  with  tho 
'C(l  and  all 
district  are 
all  be  deliv- 
Lich  mining 


should  show  thai  it  was  called  l)y  jlublic  notice  and  attend«>d  by  a  ma- 
jorily  of  the  miners  oil  her  personally  or  by  n'[»resentation;  should 
define  boundaries,  elect  permanent  Chairman  and  Keconler;  restrict 
size  of  placer  claims  in  crowded  diggings,  leave  lode  claims  to  the  full 
size  allowed  by  the  Act  of  Congress,  and  make  special  provision  for  the 
keeping  of  jierm.uient  and  accessible  records.  A  district  record  kept  ii\ 
a  pocket  diary  is  no  record''  (2). 

LAND  OFFICE  REGULATIONS.— With  reference  to  the  possible 
scope  of  rules  which  may  be  adopted  by  an  organized  mining  district, 
we  quote  from  the  land  office  regulations: 

"  V^. — It  is  provided  by  the  Revised  Statutes  that  the  miners  of  each 
district  may  make  rules  and  regulations  not  in  conflict  with  the  laws  of 
the  United  States,  or  of  the  state  or  territory  in  which  such  districts 
axe  respectively  situated,  governing  the  location,  manner  of  recording, 
and  ajriount  of  work  necessary  to  hold  possession  of  a  claim.  They  like- 
wise require  that  the  location  shall  be  so  distinctly  marked  on  the  ground 
that  its  boundaries  may  be  readily  traced.  This  is  a  vf  ry  important  mat- 
ter, and  locators  cannot  exercise  too  much  care  in  dcfiiung  their  locations 
at  the  outset,  inasmuch  as  the  law  requires  that  all  records  of  mining 
locations  made  subsequent  to  May  10,  1872,  shall  contain  the  name  or 
names  of  the  locators,  the  date  of  the  location,  and  such  a  description  of 
the  claim  or  claims  located,  by  reference  to  some  natural  object  or  per- 
manent monument,  as  will  identify  the  claim."' 


>  reasonable 
rights  and 
travene  or 
ct.  Addi- 
ble.  It  is 
)  limit  the 
!>erson;  to 
>ds  to  hold 
1  generally 

ND  TIDE 

3f  A]a.«ka, 
ttant  from 
'ganzation 
doubtless 
t  meeting 


CHAPTER  IX. 


TUNNEL    RIGHTS. 

United  States  Law. 

Sec.  2323,  Rev.  Stats. — "  Where  a  tunnel  is  run  for  the  development 
of  a  vein  or  lode,  or  for  the  discovery  of  mines,  the'  owners  of  t  ^oh  tun- 
nel shall  have  the  right  of  possession  of  all  veins  or  lodes  within  three 
thousand  feet  from  the  face  of  such  tunnel  on  the  line  thereof,  not  pre- 
viously known  to  exist,  discovered  in  such  tunnel,  to  the  same  extent  as 
if  discovered  from  the  surface;  and  locations  on  the  line  of  such  tunnel 
of  veins  or  lodes  not  appearing  on  the  surface,  made  'by  other  parties 
after  the  commencement  of  the  tunnel,  and  while  the  same  is  being 
prosecuted  with  reasonable  diligence,  shall  be  invalid;    but  failure  to 

(2)  Morrison's  Mng-.  Rlg-Ms,  p.  7,  Fuller  vs.  Harris,  29  Fed.  Rep.  (District  Court 
of  Alaska)  814. 


36 


LEEHEY  S   MINING   CODE. 


'^■'■'1 


HI 


prosecute  the  work  on  the  tunnel  for  six  months  shall  be  considered  as 
an  abandonment  of  the  right  to  all  undiscovered  veins  on  the  line  of 
such  tunnel. 

'"'  AVhere  a  person  oi-  company  has  r>:  ji,ay  run  a  tunnel  for  the  pur- 
poses of  developing  a  lode  or  lodes  r»v^ned  by  said  person  or  company,  the 
money  so  expended  in  said  tunnel  shall  be  taken  and  considered  a.? 
expended  on  said  lode  or  lodes,  *  *  *  gj^j^j  g^gj^  person  or  company 
shall  not  be  required  to  perform  work  ou  the  surface  of  said  lode  or  lodes 
in  order  to  hold  the  .Siime  as  required  by  said  act." — Act  of  February 
11,  1875. 

(From  Land  Office  Regulations  of  June  24,  1899.) 

"  19. — The  effect  of  section  2323,  Revised  Statutes,  is  simply  to  give 
the  proprietors  of  a  mining  tunnel  run  in  good  faith  the  possessory  riglit 
to  fifteen  hundred  feet  of  any  blind  lodes  cut,  discovered,  or  intersected 
by  such  tunnel,  which  were  not  previosuly  known  to  exist;,  within  three 
thousand  xcet  from  Ihe  face  or  point  of  commencement  of  such  tunnel, 
and  to  prohibit  other  parties,  after  the  commencement  of  the  tunnel, 
from  prospecting  for  and  making  locations  of  lodes  on  the  line  thereof 
and  Mi  thin  said  distance  of  three  thousand  feet,  unless  such  lodes  appear 
upon  the  surface  or  were  ]ireviously  known  to  exist. 

"  20. — The  term  '^faco,'  as  used  in  said  section,  is  construed  and  held 
to  mean  the  first  working  face  formed  in  the  tttnnel,  and  to  signify  tb.e 
point  at  which  the  tunnel  acttially  enters  cover;  it  being  from  t\\k 
point  that  the  three  thousand  feet  are  to  be  counted  upon  which  pros- 
peotiiig  is  prohibited  as  afuresaid. 

"  21. — To  avail  themselves  of  the  benefits  of  this  provision  of  law, 
the  ])roprietors  of  a  mining  tunnel  will  be  required,  at  the  time  they 
enter  cover  as  aforesaid,  to  give  proper  notice  of  their  tunnel  location  l)y 
erecting  a  sulxstantial  post,  board  or  monument  at  the  face  or  ]K)iut  of 
commencement  thereof,  tipon  which  should  be  posted  la  good  and  suffi- 
cient notice,  giving  the  names  of  the  parties  or  c^muany  claiming  the 
tunnel  riglit;  the  actual  or  proposed  course  or  direction  of  the  tunnel; 
the  height  and  width  thereof,  and  the  course  and  distance  from  such  face 
or  poi]it  of  commencment  to  some  permanent  well-known  obiects  in 
the  vicinity  by  which  to  fix  and  determine  the  locus  in  manner  hereto- 
fore set  forth  ap])licable  to  locations  of  veins  or  lodes,  and  at  the  time 
of  posting  such  notice  they  shall,  in  order  that  miners  or  prospector.** 
may  be  enabled  to  determine  whether  or  not  they  are  within  the  lines  of 
the  tunnel,  establish  the  boundary  lines  thereof,  by  stakes  or  monu- 
ments placed  a^ong  such  line''  at  proper  intervals,  to  the  terminus  of  the 
three  thousand  feei.  f'om  the  face  or  point  of  commencement  of  the 


lp:ehey'8  mixing  code. 


37 


onsidered  a.s 
the  line  of 

or  the  pur- 
>nipany.  the 
•nsidered  as 
or  company 
1(1  (>  or  lodi's 
f  Febi'iiary 

•) 

iply  to  give 
essory  rigiit 
intersected 
ithin  three 
ich  tunnel, 
the  tunnel, 
ine  thereof 
)des  appear 

d  and  held 

signify  t!-.e 

from  thi-. 

'hich  pros- 

on  of  law, 

time  they 
ocation  l)y 
r  jKjint  of 

and  suffi- 
iming  the 
le  tunnel; 

such  face 
3biect.s  in 
Si-  hereto- 

the  time 
rospectors 
e  lines  of 
)r  monu- 
us  of  the 
it  of  the 


tunnel,  and  t'lc  lines  so  marked  will  define  and  govern  as  to  the  specific 
boundaries  ', ithin  which  prospecting  for  lodes  not  previously  known  to 
exist  is  prohibited  while  work  on  the  tunnel  is  being  prosecuted  with 
reasonable  diligence. 

''  22. — At  the  time  of  posting  notice  and  marking  out  the  lines  of 
the  tunnel  as  afore^id,  a  full  and  correci  copy  of  such  notice  of  location 
defining  the  tunnel  claim  must  be  filed  for  record  with  the  mining 
recorder  of  the  district,  to  which  notice  must  be  attached  the  sworn 
statement  or  declaration  of  the  owners,  claimants,  or  projectors  of  such 
tunnel,  setting  forth  the  facts  in  the  case;  stating  the  amount  ex- 
pended by  themselves  and  their  predecessors  in  interest  in  proisecuting 
work  thereon;  the  extent  of  the  work  performed,  and  that  it  is  bona  fide 
their  intention  to  prosecute  work  on  the  tunnel  ^io  located  and  described 
with  reasonable  diligence  for  the  development  of  a  vein  or  lode,  or  for 
the  discovery  of  mines,  or  both,  as  the  case  may  be.  Thio  notice  of 
location  must  be  duly  recorded,  and,  with  the  said  sworn  statement 
attached,  kept  on  the  recorder's  files  for  future  reference." 

rOitiviS. — A  form  of  tunnel  location  notice  for  posting  is  submitted 
in  Form  No.  5,  Appendix  A,  while  Form  Xo.  6  is  recommended  for 
record.  There  is  no  provision  in  either  the  laws  of  the  United  States, 
Washington  or  Alaska  for  posting  or  recording  notice  of  tunnel  location, 
but  the  locator  will  find  it  advisable  to  post  such  notrice,  and,  in  Wash- 
ingtn,  tf^  complete  such  record  by  filing  notice  with  the  county  auditor. 
The  matter  of  record  in  Alaska  will  of  course  be  governed  by  the  lOcal 
regulations,  but  in  the  absence  of  any  specific  rule  as  to  tunnel  rights, 
the  locaLor  should  record  his  notice  with  the  recorder  of  the  district. 

TUNNEL  RIGHTS.— The  owner  of  a  mining  tunnel  has  an  in- 
choate right  to  all  undiscovered  lodes  or  veins  along  the  line  of  his 
tunnel,  not  included  within  the  lines  of  a  prior  location,  contingent  only 
on  the  diligent  prosecution  of  its  construction  and  the  subsequent  dis- 
covery of  the  vein  or  lode  therein  (1).  And  he  is  entitled  to  the  posses- 
sion of  any  fifteen  hundred  feet  in  continuous  length  along  such 
lode  or  vein  which  includes  the  point  of  discovery  in  the 
♦tunnel  (2).  Any  person  may  locate  a  mining  claim  at  any 
place  on  the  surface  except  on  the  line  of  the  tunnel  itself,  but  he  will 
do  so  at  his  own  risk,  for  if  the  vein  or  lode  on  which  his  location  is  made 
should  be  subsequently  discovered  in  such  tunnel,  the  owner  of  the 
tunnel  may  claim  fifteen  hundred  feet  thereon  as  above  stated,  and  the 


(1)  Hope.  Mng.  Co.  vs.  Brown,  7  Mont.  550;    Id.,  11  Mont.  370;  Corning  Tun.  Co. 
vs.   Pen,  4  Col.   517. 

(2)  Enterprise  Mng.  Co.  vs.  Rice  Aspen  Con.  Mng.  Co.,  66  Fed.  Rep.  200. 


1<I 


w 


'a 


l\ 


i    ':  \' 


38 


LEEHEY  8   MINING   CODE. 


location  of  th>3  surface  claimant  will  l)e  invalid  as  to  the  conflict.  Hot\'- 
ever  the  loc.itor  of  a  tunnel  claim,  located  subsequent  to  a  lode  claim 
through  which  the  tunnel  )>asf?es,  cannot  acquire  title  to  any  blind  or 
undiscovered  lodes  within  the  lines  of  such  prior  location  and  which 
may  be  discovered  in  the  tunnel,  since  the  prior  lode  location  acquires 
all  veins  within  its  lines  whether  known  at  the  time  or  not  (3). 

LOCATION  OF  LODES.— Lodes  discovered  alonff  the  line  of  the 
tunnel  must  be  located  and  marked  as  in  other  cses  f'voept  that  the 
discovery  within  the  tunnel  takes  the  place  of  ttic  -■•  >  •  shaft,  and 

the  location  notice  should  be  posted  directly  above  iiie  roint  of  discov- 
ery in  such  shaft. 

AMNUAfy  LABOR  on  tunnel  claims  may  be  performed  by  work  on 
the  tunnel  itself,  when  the  tunnel  and  claims  are  owned  by  the  same 
person  or  company.  This  is  authorized  by  act  of  Congress  of  February 
11,  1875. 


1  * 


1     i   . 


U 


i   . 


*?- V  ' 


CHAP.  ER  X. 


MILL  SITES. 

United  States  Law. 

Sec,  233?,  Rev.  Stats. — "Where  non-mineral  land  no<-  oou,,^^  js 
to  the  vein  or  lode  is  used  or  occupied  by  the  proprietor  of  such  vein  > 
lode  for  mining  or  milling  purposes,  such  non-adjacent  surface  ground 
may  Ije  embraced  and  included  in  an  application  for  a  patent  for  sucii 
vein  or  lode,  and  the  same  may  be  patented  therewith,  c."  '"^ct  to  the 
same  preliminary  requirements  as  to  survey  and  notice  as  are  applicable 
to  veins  or  lodes;  but  no  location  hereafter  made  of  such  non-adjacent 
land  shall  exceed  fivt  acres,  and  payment  for  the  same  must  '  made  at 
the  same  rate  as  fi.ved  by  this  chapter  for  the  superficcs  of  tht  .'v'".«  The 
owner  of  a  quartz  mill  or  reduction  works,  not  owning  a  mine  •■':  ooh- 
nection  therewith,  may  also  receive  a  patent  for  his  millsite,  as  provided 
in  this  section." 

MaxYNER  of  locating.— A  riilbite  I?  Voated  in  the  same  man- 
ner as  a  placer  claim,  witlv  the  excordons  tlm.  nu  discovery  or  discovery 
shaft  is  necessary,  and  it  need  not  conform  to  the  public  survey.  Only 
non-inineral  land  can  be  talcen  as  a  mil'site. 

TWO  CLASSES  OF  MILLSITES.— The  first  class  are  millsites  ap- 

(3)    Calhoun  G.  Mng.  Co.  vs.  AJax  Gold  Mnff.  Co.,  69  Pao.  Rep.  (Colo.)  807. 


conflict.  B.OW- 
to  a  lode  claim 
0  any  blind  or 
tion  and  which 
)cation  acquires 
lot  (3). 

tlie  line  of  the 
"veept  that  the 
•  shaft,  and 

>int  of  diacov- 

led  by  work  on 
id  by  the  same 
ess  of  February 


of  such  vein  v 
surface  ground 
)atent  for  sucii 
E'.'  "-^ct  to  the 
I  are  applicable 
li  non-adjacent 
ust  I  made  at 
the  <-.>  The 
I  miij*'  ;  ■;  ooli- 
te, as  provided 

the  same  mau- 
T  or  discovery 
survey.    Only 

e  millsitea  ap- 

(Colo.)  607. 


LEEHEYS   MINING   CODE. 


39 


pnrtenant  to  lode  claims.  The  object  of  the  requirement  of  law  that 
.sueii  millsites  be  non-adjf.cent  to  the  lodes  is  to  ])revent  the  acquisition 
of  mineral  land  as  millsites.  But  it  is  the  practice  .)f  the  Land  Depart- 
ment to  allow  the  patent  of  a  millsite  contiguous  to  the  side  of  a  lode 
.?laim  ^\here  its  non-mineral  'Character  is  shown,  and  even  where  the 
millsite  adjoins  the  end  of  the  ode  claim,  patent  has  been  granted  where 
it  has  been  shown  tbat  the  lode  does  not  extend  beyond  the  end  line  of 
the  lode  claim.  The  presumption  is  however  that  land  adjoining  the 
end  line  of  a  lode  claim  contains  the  vein  extended  and  therefore  is 
mineral  in  character  and  cannot  be  entered  as  a  niill3ite(l).  This  pre- 
sumi)tion  may  be  rebutted  by  proof  (2),  and  in  any  event  proof  is  re- 
quired of  the  non-mineral  character  of  land  sought  to  be  patented  as  a 
millsite  (3).  When  a  millsite  is  patented  in  connection  with  a  lode 
clain:,  live  hundred  dollars'  worth  of  improvements  is  sufficient  to  secure 
a  patent  for  both.  But  where  the  millsite  is  patented  separately,  five 
hundred  dollars'  worth  of  improvements  mi  st  ]>e  shown  thereon. 

THE  SECOND  CLASS  OF  MILLSITES  are  those  which  are  claimed 
and  ]iatented  b}  reason  of  their  being  in  actual  use  for  quartz  mills,  reduc- 
tion works,,  or  some  necessary  mining  or  milling  purpose. 


CHAPTER  XI. 

WATER    RIGHTS   WITH    MINING    CLAIMS. 

United  States  Law. 

Sec  ^'339,  Eev.  Stats. — "Whenever,  by  priority  of  possession,  rights 
to  the  use  of  water  for  mining,  agricultural,  manufacturing,  or  other 
purjioses,  have  vested  and  accrued,  and  the  same  are  recognized  and 
aokiiovvledged  by  the  local  customs,  laws,  and  the  decisions  of  courts, 
the  possessors  and  owners  of  such  vested  rights  shall  be  maintained  and 
l)j'otoctf.d  in  the  same;  and  the  right  of  way  for  the  construction  of 
ditches  and  canak  for  the  purposes  herein  specified  is  acknowledged  and 
confirmed;  but  whenever  any  person,  in  the  construction  of  any  ditch 
or  canal,  injures  or  damages  the  possession  of  any  settler  on  the  public 
domain,  the  imrty  committing  such  injury  ((r  damage  shall  be  liable  to 
tlu'  party  injured  for  such  injury  or  damngo." 

Sec.  2310. — "All  patents  granted,  or  i)iv-omption  or  homesteads  al- 

(1)  MoMle  UvUln  Millsite,  7  \.  O.  4. 

(2)  Morrison  Mng.  Rights,  p.  184. 

(3)  See  Land  Office  Regulations,  Sees.  13  and  6!?. 


i  I 


'I- 


40 


leehey's  mining  code. 


lowecl,  shall  he  snhif  ci  to  any  vested  and  accrued  water  rights,  or  rights 
to  ditclios  and  reservoirs  used  in  connection  with  such  water  rights,  as 
may  have  been  acquired  under  or  recognized  by  the  preceding  section." 

Washington  Law. 

Constitution,  Art.  XXL,  Sec.  1. — "  The  use  of  the  waters  of  this  state 
^  i  irrigation,  mining,  and  manufacturing  purposes  shall  be  deemed  a 
^  use." 

..  .  '1090,  Bal.  Code. — "  The  unit  of  measure  for  water  for  irriga- 
tion, mining,  iniljiiig  and  mechanical  purposes  in  this  state  chall  be  a 
cubic  foot  of  water  pei  second  of  time." 

Sec.  4091. — "  The  right  to  the  use  of  water  in  any  lake,  pond,  or 
flowing  spring  in  this  state,  or  the  right  to  the  use  of  water  flowing  in 
any  river,  stream,  or  lavine  of  this  state,  for  irrigation,  mining,  or  manu- 
facturing purposes,  or  for  supplying  cities,  towns,  or  villages  with  water, 
or  for  water  works,  may  be  acquired  by  appropriation,  and  as  between  ap- 
propriations, the  first  in  time  is  the  first  in  right." 

Sec.  4093. — "Any  .  ?rson.  persons,  corporation,  or  association,  de- 
siring to  appropriate  water  must  post  a  notice  in  writing  ia  a  conspicu- 
ous place  at  the  point  of  intended  storage  or  diversion,  stating  therein, — 

1.  That  such  appropriator  claims  the  water  there  lying,  being,  or 
flowing  to  the  extent  of  one  cubic  foot  of  water  per  second  of  time,  or 
some  multiple  or  some  fractional  portion  thereof; 

2.  The  ])urpo.se  for  which  said  water  is  appropriated,  and  the  place 
or  places,  as  near  as  may  be,  of  intended  u^e; 

3.  The  moans  by  which  it  is  intended  to  store  or  divert  the  same; 

4.  A  copy  of  the  notice  nui't,  within  ten  days  after  it  is  posted,  bo 
filed  for  record  in  llie  oilico  of  liic  county  auditor  of  the  county  in  whica 
it  is  posted." 

Sec.  'JOl'o. — •'  If  said  use  is  ly  storage,  the  appropriator  must,  within 
lliree  montba  after  the  notice  is  posteil,  commence  the  construction  of 
tlie  works  bv  wliich  it  is  intended  to  store  the  same.  If  said  use  is  by 
diversion,  the  appropriator  m;i?t.  within  six  months  after  the  notice  is 
posted,  commence  the  excavnlioi!  or  construction  of  the  works  by  v.Idoh 
it  is  intended  to  divtit  tl\e  i?:nne;  it  being  herein  expressly  provided  that 
suc-h  works  must  he  diligently  and  continuously  prosecuted  to  completion, 
unless  loinporarily  intcii'iiptcd  \'\  the  elements." 

See.  4094. — "By  a  strict  compliance  to  the  above  rules  the  appmpria- 
tor's  rights  to  the  use  of  the  water  actually  stored  or  diverted  relates  back 
to  the  time  the  notice  was  posted;  but  a  failure  to  comply  therewith 
deprives  the  appropriator  of  the  right  to  the  use  of  the  water  as  again.--t 
a  subse(pient  appropriator  who  fai'thfully  complies  with  the  same." 


rights,  or  rights 
water  rights,  as 
eding  section." 

aters  of  this  state 
lall  be  deemed  a 

water  for  irriga- 
state  chall  be  a 

y  lake,  pond,  or 
water  flowing  in 
nining,  or  manu- 
lages  with  water, 
d  as  between  ap- 

association,  de- 
ig  in  a  conspicu- 
tating  therein, — 

lying,  being,  or 
eond  of  time,  or 

d,  and  the  place 

ert  the  same; 
•  it  is  posted,  bo 
county  in  which 

;or  must,  within 
construction  of 
f  said  use  is  by 
er  the  notice  is 
works  by  v.  Jdoh 
y  provided  that 
\  to  completion. 

i  the  appi'opriji- 
ied  relates  back 
nply  therewitli 
^ater  as  again.st 
e  same." 


leehey's  mining  code. 


41 


Sec.  4005. — "  PerfOiis  who  have  heretofore  appropriated  Avater,  ard 
have  not  .nnstruelcd  works  or  have  not  diverted  the  water  and  applied 
it  to  Slime  pur{  ose,  ns  herein  ttatod,  must,  within  thirty  days  after  this  act 
lakes  effect,  proceed  ai^  in  this  chapter  provided,  or  their  right  ceases. 

Sec  409G. — "  The  right  to  the  use  of  water  acquired  by  appropriation 
may  be  transferred,  like  other  property,  by  deed.  The  county  auditor 
of  each  county  in  this  state  must  keep  a  book  in  which  he  must  record 
the  notices  provided  for  in  this  chapter." 

Sec.  1097. — "  Appropriations  of  water  heretofore  made  for  any  of 
the  purposes  in  this  chapter  provided  are  hereby  recognized,  but  this 
chapter  shall  not  be  construed  to  interfere  with  vested  rights.'' 

Sec.  4098.—''  The  provisions  of  sections  4092,  4093,  4094  and  4095 
.shall  only  apply  to  appropriations  of  water  made  for  irrigation,  and  shall 
not  apply  to  appropriations  for  irrigation  made  prior  to  the  passage  of 
this  act,  nor  to  water  rights  existing  at  the  date  of  the  passage  of  this  act: 
Provided,  That  in  ap]n-opriations  for  irrigation,  begun  but  not  com- 
])leted  prior  to  the  pa-^sage  of  this  act,  the  appropriator  shall  comply 
with  the  pnwisions  of  said  sections  4092,  4093,  4094  and  4095:  And 
further  provided,  That  said  sections  shall  not  interfere  with  the  vested 
rights  of  any  irrigation  district  now  organized." 

Sec.  4099. — "  Water  appropriated  for  ony  of  the  purposes  in  this 
chapter  mentioned  may  be  changed  to  any  other  purpose  herein  specified, 
or  to  any  other  bejieficial  use,  and  the  right  to  such  use  shall  relate  back 
to  the  original  appropriation." 

NOTE  ON  WASHINGTON  LAW.— AVe  have  qtioted  above  the  laws 
of  this  state  under  which  water  must  be  appropriated  for  mining  pur- 
poses, and  call  attention  to  the  fact  that  while  section  4098  limits  the 
application  of  sections  4092-5  to  appropriations  for  irrigation  purposes 
only,  yet  section  4099  provides  that  the  purpose  for  which  the  appropria- 
tion is  made  may  be  changed  "to  any  other  purpose  herein  specified,  or  to 
any  other  beneficial  use,"'  and  both  the  constitution  and  laws  recognize  the 
use  of  water  for  mining  purposes.  For  this  reason  we  have  recommended 
in  Form  No.  7,  Appendix  A,  that  the  appropriation  be  made  for  "mining 
and  irrigation  purposes."'  This  may  be  consistently  done,  for  it  is  quite 
ju'obable  that  water  so  appropriated  may  not  always  be  used  for  the  same 
purpose,  and  such  changes  in  use  are  authorized  by  the  law.  There  am 
other  provisions  of  the  Washington  law  not  herein  quoted,  but  the  same 
apply  only  to  water  for  irrigation  purposes.  Sections  4281-la  Bal.  Code 
confer  upon  per.>?ons,  and  corporations  formed  under  the  laws  of  this  state 
for  the  purpose  of  mining  or  manufacturing,  certain  rights  in  the  use  of 
wrter  and  its  diversion  from  its  natural  channel,  together  with  certain 

4r. 


.1 


4 

■ 

iii  i' 

M 

■ 

i  t 

1 

1 

1 

"i ; 

■' 

^ 

m 


11 


^A 


42 


i.kkhky's  mining  code. 


])rivik'<iOs  as  to  (lams,  canals.,  and  waterwoy'^-  These  sections  have  perliaps 
been  modified  hy  t'ho  snl)st(|uent  ado|)timi  of  the  state  coii>ititution,  but 
the  extent  ot  such  nioditication  has  never  l>een  judicially  declared.  An 
Act  of  .March  11,  1S!»!»  (Ijjuvs  1S!)J),  p.  2(il),  provides  a  method  for  cou- 
deiunation  of  rights  of  way  for  waterways  for  mininjf  and  agricultural 
purposes.  This  lirief  reference  to  these  other  enactments  is  deemed  sul- 
ficient  for  the  scope  of  this  work. 

TPIK  mPAHIAX  OWXKR'S  lUGHTS  to  liave  the  water  run  in  its 
natural  channels  still  exist  in  Washington,  and  are  not  abrogated  by  the 
act  giving  special  ])roperty  in  water. to  prior  appropriators  (1). 

FOli^IS. — A  form  of  location  notice  for  both  posting  and  record  is 
submitted  in  Form  \o.  r.  Appendix  A.  The  notice  should  be  posted  at 
both  jtoint  of  diversion  and  of  intended  storage,  if  .stciv.ge  be  intended, 
and  in  Washington,  must  be  recorded  with  the  County  Auvlitor  within 
ten  days  after  it  ha.s  been  iK)sted. 


/ 


■f*^ 


I   ,: 


»  *     I 


CHAPTER  XIT. 

COAL  LAND... 

United  States  Law. 

Sec.  '^31?,  l{ev.  Stats. — "Every  person  alwve  the  age  of  twenty-one 
years,  who  is  a  citizen  of  the  Ignited  States,  or  who  has  declared  his  inten- 
tion to  become  such.,  or  aiiy  association  of  persons  severally  qualified  a.s 
above,  shall,  upon  application  to  the  Eegister  of  the  proper  land  office, 
have  the  right  to  enter,  by  legal  subdivisions,  any  quantity  of  vacant  coal 
lands  of  the  United  States  not  otherwise  appropriated  or  re.ser\'ed  by 
competent  authority,  not  exceeding  one  hundred  and  sixty  acres  to  such 
individual  person,  oi-  three  linndred  and  twenty  acres  to  5uch  association, 
upon  payment  to  the  Keitivcr  of  jiot  less  than  ten  dollars  per  acre  for 
siich  lands,  where  the  same  shall  be  situated  more  than  fifteen  miles  from 
any  completed  railr(»ad,  and  not  less  than  twenty  dollars  })er  acre  for  such 
lands  as  s-hall  ])e  within  fifteen  miles  of  such  road. 

Sec.  3348. — "  Any  person  or  association  of  ])ersons  severally  qualified, 
a.s  above  |>rovided,  who  have  oiKMied  and  in»])roveil,  or  shall  hereafter 
open  and  improve,  any  coal  mine  or  mines  u})on  th<  public  lands,  and 
shall  be  in  actual  jws.session  of  the  same,  shall  be  entitled  to  a  preference- 
right  of  entry,  under  the  preceding  section,  of  the  mines  so  oi>ened  and 

(1)    Benton  vs.  Johnoox.  IT  Wash.  277;  49  Pac.  Rep.  495. 


leehey's  mining  code. 


43 


s  liavo  perhaps 
list  it  lit  ion,  but 
flt'Hared.  An 
L^tliod  for  con- 
1  agricultural 
i'*  deemed  sul- 

ater  run  in  it.s 
ofiated  by  the 
I). 

and  record  is 

I  be  posted  at 

1m?  intended, 

Uvlitor  within 


f  twenty-one 
•ed  his  inten- 
'  qualified  as 
r  land  office, 
f  vacant  coal 
reserved  by 
icres  to  sucli 
I  association, 
per  acre  for 
;i  miles  from 
ure  for  sucli 

lly  qualified, 
ill  hereafter 
•  lands,  and 
preference- 
opened  and 


improved:  Provided,  That  when  any  association  of  not  less  than  four 
persons,  severally  qualified  a.s  above  provided,  shall  have  expended  not 
less  than  five  thousand  dollars  in  working  and  improving  any  such  mine 
or  mines,  such  a^'sociation  may  enter  not  exceeding  six  hundred  and  forty 
acres,  including  such  mining  improvements. 

Sec.  .'2349. — "All  claims  under  the  preceding  section  must  be  pre- 
sented to  the  Register  of  the  proper  land  district  within  sixty  days  after 
the  date  of  actual  i>ossession  and  the  commencement  of  improvements  on 
the  land,  by  the  filing  of  a  declaratory  statement  therefor;  hut  when 
the  township  pkt  is  not  on  file  'at  the  date  of  such  improvement,  filing 
must  be  made  within  sixty  days  from  the  receipt  of  such  plat  at  the  dis- 
trict office:  and  where  the  improvements  shall  have  been  made  prior  to 
the  expiration  of  three  months  from  the  third  day  of  March,  eighteen 
hundred  and  seventy-three,  sixty  days  from  the  expiration  of  such  three 
months  shall  be  allowed  for  the  filing  of  a  declaratory  statement,  and  no 
sale  under  the  jn-ovisions  of  this  section  shall  be  allowed  until  the  expira- 
tion of  six  nuinths  from  the  third  day  of  March,  eighteen  hundred  and 
seventy-three. 

Sec.  2350. — "  The  three  precciljng  sections  shall  be  held  to  authorize 
only  one  entry  by  the  same  person  or  association  of  persons;  and  no  asso- 
ciation of  persons  any  member  of  which  shall  have  taken  the  benefit  of 
such  secti<ms.  either  as  an  individual  or  as  a  mem1)er  of  any  other  associa- 
tion, shall  enter  or  hold  any  other  lands  under  the  provisions  thereof; 
and  no  member  of  any  association  which  shall  have  taken  the  benefit 
of  such  sections  shall  enter  or  hold  any  other  lands  under  their  provisions; 
and  all  persons  claiming  under  sectdon  twenty-three  hundred  and  forty- 
eight  shall  l)e  required  to.  prove  their  respective  rights  and  pay  for  the 
lands  filed  ujvon  within  one  year  from  the  time  prescribed  for  filing  their 
respective  claims:  and  upon  failure  to  file  the  proper  notice  or  to  \yay 
for  the  land  within  the  required  period,  the  same  .shall  be  subject  to 
entry  by  any  other  qualified  applicant. 

Sec.  2351. — "  In  case  of  conflicting  claims  \i]>on  coal  lands  where  the 
improvements  shall  be  commenced,  after  the  third  <lay  of  March,  eighteen 
hundred  and  seventy-throe,  priority  of  |>ossession  and  improvement,  fol- 
lowed by  proj)er  filing  and  continued  good  faith,  sluill  determine  the  pref- 
erence-right to  purchase.  And  also  whore  improvements  have  already 
been  made  j)riorto  the  third  day  of  March,  eighteen  hundred  and  seventy- 
three,  division  of  the  land  claimed  may  be  made  by  legal  subdivisions,  to 
include,  as  near  as  ?nay  be,  the  valuable  improvements  of  the  respective 
parties.     The  Commissioner  of  the  General  Land  Office  is  authorized  to 


44 


leehey's  mining  code. 


issue  all  needful  rules  and  regulations  for  canning  into  effect  the  provi- 
sions of  this  and  the  four  preceding  sections." 

NOTE  that  coal  lands  can  be  entered  by  legal  subdivisions  only, 
hence  the  lands  must  be  surveyed  before  entry.  An  individual  can  enter 
IGO  acres  and  an  association  only  320  acres.  Only  one  entry  can  ever  be 
made  by  any  one  jxnson;  that  entry  exhausts  his  right,  and  no  entry 
can  be  made  by  an  association  any  member  of  which  is  discpialified  by 
reason  of  having  made  a  prior  entry. 

TWO  METHODS  AEE  PROVIDED  FOR  ENTRY  OF  COAL 
LANDS. — By  the  first  the  entry  is  accompanied  by  satisfactory  proofs 
by  artidavits  of  the  character  of  the  land.  Upon  receipt  of  such  entry  by 
the  Register  the  same  is  certified  to  the  Receiver  and  one  year  is  allowed 
for  jiayment.  By  the  second  method  possession  must  be  at  once  taken  of 
the  land  and  improvements  made  thereon.  This  method  was  adopted 
for  unsurveyed  lands,  and  where  such  entry  has  been  made  by  taking 
possession,  the  entryman  is  allowed  sixty  days  after  the  filing  of  the  sur- 
vey in  which  to  make  his  entry  at  the  land  oifice. 

THE  PRICE  TO  BE  PAID  FOR  COAL  LANDS  is  not  less  than 
twenty  dollars  per  acre  if  within  fifteen  miles  of  a  completed  railroad, 
and  not  less  than  ten  dollars  ]>er  acre  if  at  a  greater  distance.  Coal  lands 
are  not  as  a  general  rule  excepted  from  railrod  grants. 


'i't  I    ' 


CHAPTER  XIII. 

TIMBEK   AND   STONE   LANDS. 

UNITED  STATES  LAW,  applicable  to  Washington,  provides  two 
methods  by  which  both  timber  and  stone  may  be  ac' mired.  First,  non- 
mineral  lands  chiefly  valuable  for  timber  or  stone  may  be  purchased 
under  the  act  of  June  3,  1878.  Building  stone  lands  may  be  entered 
under  the  placer  mining  laws  by  authority  of  the  Act  of  August  4,  1892, 
and  timber  may,  under  the  Act  of  ]\iarch  3,  1891,  be  cut  and  removed 
from  public  lands  for  mining  and  other  purj^oses.  The  following  com- 
plete and  concise  statement  of  the  law  upon  the  subject  has  been  taken 
literally  from  Howell's  Miners'  Code: 

USE  OF  TIMBER  WITHOUT  PURCHASE.— "  Every  miner  has 
the  right  to  use  the  timber  upon  his  own  cl-  a  for  domestic  use  or  the 
improvement  of  his  claim.  If  there  is  insufficient  timber  upon  the  claim, 
under  the  provisions  of  the  circular  of  the  Secretary  of  the  Interior  of 


)  effect  the  provi- 

iubdivisions  only, 
lividual  can  enter 
entry  can  ever  be 
lit,  and  no  entry 
is  discjualified  by 

RY    OF    COAL 

itisfactory  proofs 
of  such  entry  by 

le  year  is  allowed 
at  once  taken  of 

liod  was  adopted 
made  by  taking 

filing  of  the  sur- 

is  not  less  than 
apleted  railroad, 
ace.     Coal  lands 


n,  provides  two 
3d.  First,  non- 
y  be  purchased 
may  be  entered 
August  4,  1892, 
it  and  removed 
following  com- 
has  been  taken 

^ery  miner  has 
stic  use  or  the 
ipon  the  claim, 
ihe  Interior  of 


LEEHEY  S   MINING   CODE. 


46 


March  17,  1898,  hereafter  referred  to,  the  claimant  can  resort  to  non- 
mineral  unappropriated  public  lands,  and  cut  and  remove  timber  to  an 
amount  not  exceeding  $100  in  stumpage  value  annually.  This  privilege 
extends  to  any  company  owning  mining  claims  as  well  as  to  individuals. 

PURCHASE  OF  TIMBER  AND  STONE  LANDS.— "The  Act  of 
Congress  of  June  3,  1878,  provided  that  surveyed  non-mineral  lands  of 
the  United  States,  unfit  for  cultivation  and  chiefly  valuable  for  timber  or 
stone,  might  be  sold  at  the  minimum  price  of  two  dollars  and  fifty  cents 
per  acre  in  tracts  not  exceeding  160  acres  to  any  one  i>erson  or  association 
of  persons. 

The  applicant  for  such  a  tract  must  file  with  the  Register  of  the  local 
land  office  a  statement  in  duplicate,  designating  the  tract  by  legal  subdi- 
visions, and  certifying:  (1)  That  said  tract  is  unfit  for  cultivation  and  is 
chiefly  valuable  for  its  timber  or  stone;  (2)  that  it  contains  no  mining 
or  other  improvements  (except  ditches  or  canals  where  any  such  exist) 
save  such  as  are  made  by  or  belong  to  the  applicant;  (3)  that  it  contains 
no  known  valuable  deposit  of  gold,  silver,  cinnabar,  copper  or  coal;  (i) 
that  the  applicant  has  made  no  other  application  under  this  law;  (5)  that 
he  does  not  apply  to  purchase  the  same  on  speculation,  but  in  good  faith 
for  his  own  exclusive  use  and  benefit,  and  (6)  that  he  has  made  no  agree- 
ment, directly  or  indirectly,  for  the  transfer  of  the  titli?  or  any  part  there- 
of to  any  other  person.  The  applicant  must  swear  to  this  statement 
before  the  Register  or  Receiver. 

Notice  of  said  application  must  thereupon  be  published  for  sixty 
days  in  a  newspaper  published  nearest  the  premises,  and  be  posted  during 
the  same  period  in  the  office  of  the  Register.  After  the  expiration  of 
sixty  days,  if  no  adverse  claim  be  filed,  the  applicant  must  furnish  to  the 
Register  of  the  land  office  satisfactory'  evidence  of  the  truth  of  the  state- 
ments contained  in  his  sworn  application  and  of  the  publication  of  the 
said  notice.  Thereafter,  upon  payment  of  the  land  office  fees  and  the 
price  of  the  land,  he  is  entitled  to  a  patent." 

PURCHASE  OF  TLMBER  WITHOUT  LAND.— "The  Act  of  Con- 
gress of  March  3,  1891,  provided  that  timber  might  be  cut  and  removed 
from  the  timber  lands  of  the  United  States,  by  the  resident  of  any  state 
or  territory  for  agricultural,  mining,  manufacturing  or  domestic  pur- 
poses, under  rules  and  regulations  to  be  prescribed  by  the  Secretary  of  the 
Interior. 

By  the  circular  of  March  17,  1898,  the  Secretary  of  the  Interior  has 
prescribed  the  rules  under  which  timber  can  thus  be  obtained.  Briefly 
stated,  this  circular  provides  that  settlers  and  claimants  on  public  lands, 
who  have  an  insufficient  supply  of  timber  on  their  own  claims  for  neces- 


■ 


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^'^V 


i 


1  ' 

i   :■ 

1      : 

1       1 

j 
1 

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1 

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1 

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i 

46 


leehey's  minino  code. 


?ary  ii«e  in  dt'vt'lopin^'  tlio  mineral  and  other  nntnral  rc^onroo?  of  their 
lands,  may  procmv  timl)t>r,  free  of  charge,  from  unoccupied,  unrenerved, 
non-mineral  public  lands,  to  an  extent  not  exceeding  $100  in  jitnmpago 
value  in  any  one  ycnr.  Tiie  tim))er  must  he  strictly  for  use  upon  the 
claim  of  the  person  exercising  tlie  i)rivilege,  however,  and  cannot  he  sold. 
It  is  not  necesvsary  to  secure  the  permisf*ion  of  the  land  de])artnient  to 
exercise  such  privilege,  but  the  department  reserves  the  right  to  restrict 
or  prohibit  such  privilege  in  case  of  abuse. 

Wliere  larger  amounts  of  timber  are  required  by  any  resident  of  the 
state,  a  petition  for  tlie  j)urchase  of  any  particular  tract  will  be  considered 
by  the  land  department.  The  details  of  the  procedure  in  the  land  ofRce 
are  too  extensive  to  deseril)e  here  in  detail.  Briefly  stated,  the  petition 
should  state  the  location  and  character  of  the  land,  describe  the  timber 
situated  thereon  and  make  an  estimate  of  the  quantity. 

Before  any  sale  is  authorized,  the  timber  is  examined  and  appraised 
by  an  official  appointed  for  that  purpose,  and  it  cannot  be  sold  for  less 
than  the  appraised  value.  When  a  sfile  is  ordered,  a  notice  is  published 
stating  the  time  and  place  for  tiling  bids,  and  other  information  neces- 
sary for  a  correct  understanding  of  the  terms  of  the  sale.  The  success- 
ful bidder  must  pay  the  amount  of  his  bid  within  thirty  days  after  notice 
of  the  award,  and  the  timber  must  all  be  cut  and  removed  within  one 
year." 

OW^JEBSHIP  OF  STONE  TAKEX  EROM  PUBLIC  LANDS  is  in 
the  party  who  removes  the  same,  and  he  may  claim  a  lien  therefor  upon 
a  building  in  the  construction  of  which  it  has  been  used,  although  the 
title  to  the  land  from  which  it  was  taken  is  in  the  United  States  (1). 

Alaska  Law  (2). 

We  quote  the  following  section  from  the  Act  of  Congress  of  May  14, 
1898,  and  apj^end  the  Land  Office  Regulations  issued  thereunder: 

'•  Sec.  11. — Tluat  the  Secretary  of  the  Interior,  under  such  rules  and 
regulations  as  he  may  prescribe,  may  cause  to  be  appraised  the  timber  or 
any  part  thereof  upon  public  lands  in  the  District  of  Alaska,  and  may 
from  time  to  time  sell  so  much  thereof  as  he  may  deem  proper  for  not 
less  than  the  aj)praised- value  thereof,  in  such  quantities  to  each  purchaser 
as  he  shall  prescribe,  to  be  used  in  the  District  of  Alaska,  but  not  for  ex- 


(1)  Johnson  vs.  Harrington,  5  Wash.  73;    31  Pac.  Rep.  316. 

(2)  House  BUI  No.  9291,  now  pending  before  Congress,  provides  for  the  exten- 
sion to  Alaska  of  the  Timber  and  Stone  Act  of  June  3,  1878.  Without  the  privileges 
of  this  law  timber  can  be  acquired  in  Alaska  under  Sec.  11,  Act  of  May  14,  1898, 
just  quoted,  and  should  the  pending  bill  become  a  law  It  will  simply  add  another 
method.  Of  course  in  all  cases  timber  may  be  cut  from  mining  claims  even  before 
patent,  for  mining  purposes.  Including  the  building  of  miners'  cabins,  roads,  etc. 


LKEHKY's    MININ<t    CODK. 


47 


I  rc';?()iir(o.*  of  their 
cupii'd,  unrt'Herved, 

$100  in  stnTnpa|,'o 
•  for  use  upon  the 
uul  cannot  be  sold, 
and  dt'j)artment  to 
he  Tight  to  restrict 

my  resident  of  tlie 
:  will  be  eonsidered 
!  in  the  land  oflfiee 
tated.  the  petition 
escribe  the  timber 

ned  and  apjjraised 
ot  be  sold  for  less 
lotice  is  published 
nfornuition  neces- 
de.  The  success- 
r  days  after  notice 
noved  within  one 

.IC  LAXDS  is  in 

ien  tlierefor  upon 
Bed,  although  the 
2d  States  (1). 

igi-ess  of  May  14, 

^reunder: 

iT  such  rules  and 

ied  the  timber  or 

Alaska,  and  may 

II  proper  for  not 
0  each  purchaser 
,  but  ]iot  for  ex- 


des  for  the  exten- 
hout  the  privileges 
ct  of  May  14,  1898, 
Imply  add  another 
claims  even  before 
'Ine,  roads,  etc. 


jiort  therefrom.  And  such  sales  sliail  at  all  times  be  limited  to  actual 
necessities  for  consumption  in  tlie  district  from  yeflr  to  year,  and  pay- 
ments for  such  timber  shall  l)e  made  to  the  Heceiver  of  Public  ^roneya 
(if  Mie  local  land  office  of  the  land  district  in  which  said  timber  may  be 
sold,  under  .-iich  rnles  and  rejrulations  as  the  Secretary  of  the  Interior  may 
prescrilie,  and  the  moneys  arisiufr  therefrom  siliall  be  accounted  for  by  the 
Heceiver  of  such  land  office  to  the  Coiniuissidner  of  the  (leneral  Jjand 
Otiice  in  a  separate  account,  and  shall  be  covered  into  the  treasury.  The 
Secretary  of  the  Interior  mtjy  j)ermit,  under  reifulations  to  be  prescribed 
by  him,  the  um-  <»f  timber  found  upon  the  public  lands  in  said  District  of 
Alaska,  ity  actual  settlers,  residents,  individual  miners,  and  prospectora 
for  minerals,  for  firewood,  fencin<j,  biiildinjfs.  mininf>',  lyrosiKK'tinp,  and 
for  domestic  puri)(t.>;es.  as  may  actually  be  needed  by  such  persons  for 
such  purposes." 

(From  J>and  Office  Kegulations  Issued  June  8,  1808.) 
''43. — While  sales  of  timber  are  optional,  and  the  Secretary  of  the 
Interior  may  exercise  his  discretion  at  all  times  as  to  the  necessity  or 
advisability  of  any  sale,  iK'titions  from  responsible  persons  for  the  sale  of 
limber  in  particular  localities  will  be  received  by  this  department  for 
consideration. 

Such  ]ietitions  must  de.«cribe  the  land  upon  which  the  timlx-r  stands, 
as  definitely  as  ]»ossible  by  natural  landmarks;  the  character  of  the 
country,  whether  rough,  steep,  or  mountainous,  agricultural  or  mineral, 
or  valuable  chiefly  for  its  forest  growth;  and  state  whether  or  not  the 
removal  of  the  timber  would  injuriously  affect  the  p  ':Mc  interests.  If 
any  of  the  timber  is  dead,  estimate  the  quantity  in  i'jcl,  board  measure, 
with  the  value,  and  state  Avhether  killed  by  tire  or  other  cause.  Of  the 
live  timber,  state  the  different  kinds  and  estimate  the  quantity  of  each 
kind  in  trees  per  acre.  Estimate  the  average  diameter  of  each  kind  of 
timber,  and  estimate  the  numl)er  of  trees  of  each  kind  per  acre  above  the 
average  diameter.  State  the  number  of  trees  of  each  kind  it  is  desired  to 
have  offered  for  sale,  with  an  estimate  of  the  number  of  feet,  board  meas- 
ure, therein,  and  an  estimate  of  the  value  of  the  timber  as  it  stands." 

"44. — Before  any  sale  is  authorized  the  tindier  will  be  examined  and 
ap})raised.  Notice  thereof  will  1)e  given  by  publication  by  the  Commis- 
sioner of  the  General  Land  Office. 

"  4"). — The  time  and  place  of  filing-  bids  and  other  information  for  a 
wrrect  understanding  of  the  terms  of  each  sale  will  be  given  by  pub- 
lished notices  or  otherwise.  Timber  is  not  to  be  sold  for  less  than  the 
appraised  value.      The  Commissioner  of  the  General  T^nd  Office  must 


i 


48 


I.KEHEY  S   MINIKQ   CODE. 


appnjvi'  ill!  sales,  and  lit>  may  make  allotment  of  quantity  to  any  biddiT 
or  bidders  if  he  deems  ])roper.  The  right  is  also  resorvi'tl  to  reject  any 
or  all  l)id>.  A  reasonable  cash  deposit,  to  accompany  each  bid,  will  be 
re(iuir('d."' 

" 4fl. — Within  thirty  days  after  notice  to  a  bidder  of  an  award  of  tim- 
ber to  him  i)ayme'nt  must  be  made  in  full  to  the  Receiver  for  the  timber 
so  awarded;  or  e(|unl  ])ayments  therefor  may  be  made  in  thirty,  sixty, 
and  ninrty  days  from  date  of  such  notice,  at  the  option  of  the  purchaser. 
The  purchaser  must  have  in  hand  the  receipt  of  the  Receiver  for  each 
payment  before  he  will  l)e  allowed  to  cut,  remove,  or  otherwise  dispose  of 
the  timl>cr  covered  by  tluit  payment.  The  timber  must  all  be  cut  and 
removed  within  one  year  from  the  date  of  payment  ther'^'for:  failing  to 
do  sio.  the  i)urchaser  will  forfieit  his  right  to  tihe  timbe-  standing  or 

unrenioved  and  to  his  purchase  money:     Provided,    '  he  limit  of 

one  year  herein  named  may  Iwi  extended  by  tlie  Conimi.s>sioner  of  the 
General  I^and  Of!ice,  in  his  discretion,  upon  good  and  sufTicient  reasons 
being  shown." 

"  47. — Notice  must  be  given  by  the  purchaser  to  the  Commissioner 
of  the  General  I^and  Oflfice  of  the  proix)sed  date  of  cutting  and  removal 
of  tlK'  timber,  so  that,  if  practicable,  an  official  may  be  designated  to 
supervise  such  cutting  and  removal.  Upon  application  of  purcha-sers, 
pennits  to  erect  temporary  saw  mills  for  the  pur]K)se  of  cutting  or  manu- 
facturing timber  purchased  under  this  act  may  be  granted  by  the  Com- 
missioner of  the  General  I^and  Office,  if  not  incompatible  with  the  pul)lic 
interests." 

"  48. — Xo  timber  taken  from  the  public  lauds  and  sold  as  above  pre- 
scribed may  be  exported  from  the  District  of  Alaska." 

"  50. — Actual  seittlers,  residents,  individual  miners,  and  prospectors 
for  minerals  may  procure,  free  of  charge,  from  unoccupied,  unreserved 
public  lands  in  Alaska,  for  firewood,  fencing,  buildings,  mining,  pros- 
pecting, and  for  domestic  purposes,  so  much  timber  as  may  be  actually 
needed  by  such  ])ersons,  for  individual  use,  to  an  extent  not  exceeding,  in 
stum])age  valuation,  $100  in  any  one  year.  It  is  not  neoessar}'  to  secure 
permission  from  the  dei)artment  to  take  timber  from  public  lands  as  al- 
lowed in  this  paragraph.  The  e.xereise  of  siieh  privileg(>  is,  however,  subject 
at  all  times  to  supervision  by  the  department,  with  a  view  to  restriction 
or  prohibition  if  deemed  necessary.  The  uses  specified  in  this  paragraph 
constitute  the  only  purposes  for  which  timber  may  be  taken,  free  of 
charge,  from  public  lands  in  Alaska." 

"  51. — In  cases  arising  under  the  preceding  jiaragraph  in  which  the 
parties  needing  the  timber  are  not  in  a  position  to  procure  it  from  the 


W   i 


LEKHEY8   MININ(J    CODE. 


49 


ity  to  any  bidder 
v<'(\  to  reject  any 
each  bid,  will  be 

an  award  of  tim- 
?r  for  the  timlier 
in  tliirty,  sixty, 
>f  the  ])nrcha.^er. 
eeeiver  for  each 
n'wke  dispose  of 
t  all  be  cut  and 
•'"for:  failing  to 
standing  or 
he  limit  of 
iis»'5ioner  of  the 
LitRcient  reasons 

3  Commissioner 
ng  and  removal 
?  designated  to 
of  purcha.sers, 
itting  or  manu- 
al by  the  Com- 
with  the  public 

i  as  above  pre- 

nd  prospectors 
ed,  unresen-ed 

mining,  pros- 
lay  be  actually 
t  exceeding,  in 
fsarj'  to  secure 
lie  lands  as  ;>1- 
)wever,  subject 

to  restriction 
this  paragraph 
:aken,  free  of 

in  which  tlio 
■e  it  from  the 


public  lands  thcmsclveg,  it  is  allowable  for  them  to  secure  the  cutting, 
removing,  sawing,  or  other  manufjictnre  of  the  timber  thro'.igh  the 
medium  of  others,  agreeing  with  the  parties  thus  acting  as  their  agents 
direct  in  taking  or  othcnvise  handling  the  timber  that  they  S'hall  be  paid 
a  reasonable  mnount  to  cover  their  time  and  labor  exj)ended  and  all  legiti- 
mate expens<^s  incurred  in  (•onneetion  therewitli  exclusive  of  any  charge 
for  the  timber  itself." 


CHAPTER  XIV. 


ANNUAL    LABOR   ON    MINING   CLAIMS. 

United  States  Law. 

(From  Section  2324,  Rev.  Stats.,  as  Amended  by  Act  of  Jan.  22,  1880.) 
*  *  *  *  On  each  claim  located  after  the  10th  day  of  May, 
1872,  and  until  a  patent  has  been  issued  thei-efor,  not  less  than  one  hun- 
dred dollars'  worth  of  labor  shall  be  performed  or  improvements  made 
during  each  year.  *  *  *  .  jj^t;  where  such  claims  are  held  in 
common,  such  expenditure  may  be  made  upon  any  one  claim;  and  upon 
a  failure  to  comply  with  these  conditions,  the  claim  or  mine  upon  which 
such  failure  occurred  shall  be  open  to  relocation  in  the  same  manner  as 
if  no  location  of  the  same  had  ever  been  mado,  provided  that  the  original 
locators,  their  heirs,  assigns,  or  legal  representatives,  have  not  resume<l 
work  upon  the  claim  after  failure  and  before  such  location.  *  *  * 
"  Provided,  That  the  period  within  which  the  work  required  to  be  done 
annually  on  all  unpatented  mineral  claims  shall  commence  on  the  first 
day  of  January  succeeding  the  late  of  location  of  such  claim,  and  this 
section  shall  apply  to  all  claims  located  since  the  10th  day  of  May  A.  D. 
1872." 

,Act  of  Congress  of  February  11,  1875. — Be  it  enacted,  etc.,  "That  sec- 
tion two  thousand  three  hundred  and  twenty-four  of  the  Revised  Statutes 
be,  and  the  same  is  hereby  amended  so  that  where  a  person  or  company 
has  or  may  run  a  tunnel  for  the  purposes  of  developing  a  lode  or  lodes, 
owned  by  said  person  or  company,  the  money  so  expended  in  said  tunnel 
shall  be  taken  and  considered  as  expended  on  said  lode  or  lodes,  whether 
located  prior  to  or  since  the  passage  of  said  act;  and  such  person  or  com- 
pany shall  not  ]ye  required  to  perform  work  on  the  surface  or  said  lode  or 
lodes  in  order  to  hold  the  same  as  required  by  said  act." 


i 


50 


LKEHEYS   :,HNING   CODE. 


Mr.     i\ 


!■*; 


V 


■&' 


Washington  Law. 

Sep  3164,  Bal.  Code. — ''In  order  to  hold  the  ^wssessorv  right  to  a 
location  of  a  mine  not  less  than  one  Inindred  dollars'  worth  of  work  niiiftt 
be  performed  or  iini)rovenients  made  thereon  annually:  Provided,  That 
the  period  within  which  the  work  required  to  be  done  annually  on  all 
unpatented  claims  eo  located  shall  eonmienee  on  the  first  day  of  January 
succeeding  the  dato  of  location  of  such  claim." 

Sec.  6,  Act  of  18!)!),  p.  TO.—"  Within  thirty  days  after  the  expiration 
of  the  period  of  time  fixed  for  the  performance  of  annual  labor  or  the 
making  of  inijirovements  upon  any  quartz  or  lode  mining  claim  or 
premises,  tlie  i>ers-on  in  whose  belialf  sucli  work  or  improvements  was 
made  or  some  person  for  him  knowing  the  facts,  shall  make  and  record 
in  the  ottice  of  the  Coimty  Auditor  of  the  counity  wherein  such  claims 
are  situate  an  affidavit  or  oath  of  labor  performed  on  such  claim.  Such 
affidavit  siiall  state  the  exact  amount  and  kind  of  labor,  including  the 
number  of  feet  of  sliaft,  tunnel  or  ojk'u  cut  made  on  :mch  claim,  or  any 
other  kind  of  improvements  allowed  by  law  or  by  rules  of  mining  districts 
made  thereon." 

See.  7. — "  Such  affidavit  when  so  recorded  sliall  be  prima  facie  evi- 
dence of  the  ]i)erformance  of  such  labor  or  the  making  of  such  improve- 
ments, and  such  original  affidavit  after  it  has  been  recorded,  or  a  certified 
copy  of  record  of  s;inie.  shall  l)e  received  as  evidence  accordingly  by 
all  the  courts  of  this  state." 

Alaska  Law. 

As  there  is  no  special  legislation  u|X)n  the  subject  of  annual  labor  on 
mining  claims  in  Alaska,  the  matter  is  regulated  by  the  laws  of  the 
United  States  al)ove  quoted,  and  sucli  further  local  rules  and  regulations 
as  may  be  made.  Section  15  of  the  Carter  Alaska  Act,  just  pas.sed  by 
Congress,  |)rovidcs  that  the  Recorder  shall  record,  among  other  writings, 
"affidavits  of  aiiinuil  work  done  on  mining  claims,"  and  section  Hi  pro- 
vides that  mining  di.«tri(ts  ]nay  }irovide  for  a  similar  record.  We  have 
been  unable  to  fiiul,  liowcvcr,  any  provision  making  such  recorded  affida- 
vits presumptive  evidence  in  court  that  sudh  work  has  lx>en  performed. 
This  is  the  sole  ])nrpose  of  the  reconl,  for  if  the  work  be  done  the  claim 
will  not  be  forfeited  by  a  mere  failure  to  file  the  affidavit,  Tlie  statuiory 
provision  for  tiling  ],rovi  mI'  annual  labor  has  usually  in  the  states  made 
the  recorded  atlidavit  evideiu-e  that  the  work  was  done,  and  hence  a  con- 
venic.it  ujeans  of  pnvof,  but  if  the  fact  must  always  be  proven  by  oth.'r 
evidence,  as  would  seem  to  be  the  case  uiuler  the  Carter  Act,  there  can 
be  notliing  gained  by  tiling  the  atlidavit. 


LEEHEYS   MINING    CODE. 


51 


essni-v  right  to  a 

rtli  of  work  must 

Provided,    That 

annually  on  all 

t  day  of  January 

er  the  expiration 
ual  labor  or  the 
nining  claiin  or 
iprovements  was 
nake  and  record 
•ein  such  claim* 
?h  claim.  Such 
r,  including  the 
3h  claim,  or  any 
mining  districts 

prima  facie  evi- 

f  such  improve- 

d,  or  a  certified 

aceordingl)'  by 


nuual  laDor  on 
le  laws  of  the 
md  regulations 
Just  passed  by 
other  writiiiifs, 
section  Ki  pro- 
>rd.      AVe  have 
ecorde<l  affidii- 
en  iHjrforined. 
lone  the  claim 
Tlie  statu; ory 
le  states  made 
I  hence  a  con- 
oven  by  otii.jr 
Vet,  there  cm 


FORM. — For  a  form  of  affidavit  of  annuiil  labor  recommended  for 
nee  in  Iwth  Washington  and  Alasl  i,  see  Fonn  No.  8,  Appendix  A. 

MINING  DISTRICTS  cannot  designate  the  amount  of  work  to  be 
performed  as  +he  annual  labor,  nor  fix  any  arbitrary  value  of  a  day's  work 
at  such.  The  amount  required  is  the  amount  of  labor  and  improvements 
tha't  $100  can  procure  in  the  particular  locality  at  the  particular  time  in 
question.  In  other  words,  it  is  the  reasonable  market  value  of  the  labor 
and  materials  at  that  time  and  place  (1).  The  amount  which  the  work 
may  have  enhanced  the  value  of  the  claim  is  not  the  test  (2). 

HOLDER  OF  CLAIM  MAY  RF^SUME  WORK,  even  after  the 
expiration  of  the  year,  or  at  any  time  if  before  another  bona  fide  location 
of  the  claim  has  been  made.  The  t^ndtetl  States  statute  provides  that 
upon  failure  to  i'^erfonn  the  work  the  claim  shall  be  open  to  relocation, 
"provided  that  the  original  locators,  *  *  *  Jiave  not  resumed 
Avork  u})on  the  claim."  Lender  this  it  has  been  held  that  the  new  location 
must  not  only  l)e  made  but  complete<l  before  the  prior  holder  is  debarred 
from  resuming  work  and  thus  avoiding  the  forfeiture  (3).  The  better 
rule,  however,  is  that  the  forfeiture  by  the  j^rior  locator  is  complete  when 
the  year  has  exi)ired  wiihout  the  work  liaving  been  done  and  a  new  loca- 
tion initiated  thereon  by  the  posting  of  a  notice  (4).  The  holder  need 
not  have  actually  completed  his  $100  worth  of  work  and  improvements; 
if  he  has  actually  begun  the  same  before  the  end  of  the  year,  or  as  stated, 
bef'^'^  a  relocation,  ar.d  continues  the  same  thereafter  in  good  faith  until 
the  re([uire<l  amounc  has  been  done. 

WHAT  WILL  COUNT.— Work  done  and  improvements  made  out- 
fiide  of  a  claim,  if  made  for  the  purpc  *  of  developing  the  claim  and  ex- 
tracting the  ores  therefrom,  are  as  r,ailable  for  holding  the  claim  as  if 
done  within  its  limits.  Arid  whern  a  group  of  claims  are  held  in  com- 
mon and  are  capable  of  being  worked  by  (»no  general  systei"  which 
develojis  tiie  whole  group,  work  so  perfornied  ctjua!  in  amount  to  tiiat 
required  u]Mni  all,  will  hold  the  claims.  Sui-h  improvements  need 
not  be  upon  any  of  the  claims,  and  the  law  is  satisfied  if  the  claims  are 
directlv  l)enefited  thereby.  The  labor  is  not  rinpiired  to  be  applied  in 
any  pa'^ticular  manner  so  that  i.s  it  uiupiestionably  devoted  to  the  claim. 
It  ma  /  be  in  digging,  erection  of  works  for  mining,  in  placing  machinery, 
or  in  buildings  on  the  claim  necessiary  for  its  working.  It  has  been  held 
that  a  road  built  to  the  claim  is  labor  performeil  and  improvements  made 

(1)  Morrison  Mng.  Rights,  pp.  (J  and  78,  Quimby  vs.  Boyd,  8  Colo.  194,  342. 

(2)  Mattingly  vs.   Lcwlsohn,  35  Pac.  Rep.  (Mont.t  111. 

(3)  Gonn  vs.  RusseU,  3  Mont.  358. 

(4)  Little  Tunnell  Co.  vs.  Klmber,  1  Mor.  M.  R.  536;  Pelican  Co.  vs.  Snodgrass, 
9  Colo.  339,  12  Pac.  Rep.  206. 

149H14 


I 


i 


il 


■ 

1 


1  .. 


62 


leehey's  mining  code. 


upon  the  claim  within  the  meaning  of  the  law.  Where  mining  property 
was  idle  and  the  improvements  thereon  were  valuable,  the  work  of  a 
watchman  in  protecting  the  same  from  deterioration,  loss  or  danger,  has 
been  held  to  count  for  annual  labor  (5). 

WHAT  WILL  NOT  COUNT.— Material  brought  upon  the  mine  and 
not  used,  or  taken  away  after  slight  use  will  not  count.  So,  also,  a  house 
built  200  feet  from  the  claim  for  the  use  of  miners.  Traveling  expenses 
in  going  to  and  from  the  claim  will  not  count,  nor  will  work  done  by 
third  parties  and  bought  in  (6). 

WHEN  MADE. — The  locator  has  the  whole  of  each  year  in  which  to 
represent  his  claim,  and  a  relocation  made  before  the  full  time  has  elapsed 
is  void.  In  such  case  the  relocator  is  a  mere  trespasser,  and  his  relocation 
is  not  cured  by  a  subsequent  default  by  the  original  locator  (7). 

RKCOEDING  AFFIDAVIT.— The  provision  for  recording  is  de- 
signed to  enable  the  owner  to  better  preserve  his  proof,  and  for  this  pur- 
pose the  record  is  made  prima  facie  evidence  of  the  facts  authorized  to 
be  stated  therein.  A  failure  to  record  an  affidavit  does  not  work  a  for- 
feiture of  the  claim,  and  the  facts  may  be  proven  by  other  testimony  (8). 
An  affidavit  recorded  more  than  thirty  days  after  the  completion  of  the 
annual  labor  would  perhaps  lose  it^  character  as  prima  facie  evidence. 


CHAPTER  XV. 

FORFEITURE   TO   CO-OWN:  RS. 

United  States  Law. 

From  Sec.  232  i,  Rev.  Stats.—  *  *  *  «  Upon  the  failure  of 
any  one  of  several  co-ownors  to  contribute  his  proportion  of  the  expendi- 
tures required  hereby,  the  co-owne''s  Who  have  performed  tlie  labor  or 
made  the  improvements  may,  at  the  expiration  of  the  year,  give  such 
delinquent  co-owner  personal  notice  in  writing  or  notice  by  publication 
in  the  newspaper  published  nearest  the  claim,  for  at  leas-t  once  a  week 
for  ninety  days,  and  if  at  the  expiration  of  ninety  days  after  such  notice 

(5)  Mt.  Diablo  Mng.  Co.  vs.  CalUson,  5  Sawyer  439;  Lockhan  vs.  RolUtus,  21 
Pac.  Rep.  415. 

(6)  Honaker  vs.  Martin,  11  Mont.  91,  27  Pac  Rep.  397;  Little  Tunnel  Co.  vs. 
Klmber,  supra;  Du  Prat  vs.  James,  65  Cal.  555;  Remington  vs.  Bandit,  9  Pac.  Rep.  819. 

(7)  Belk  vs.  Meagher,   104  U.   S.  279. 

(8)  Book  vs.  Justice  Mng.  Co.,  58  Fed.  Rep.  106. 


LEEHEY  S   MINING   CODE. 


63 


re  mining  property 
3le,  the  work  of  a 
loss  or  danger,  lias 

upon  the  mine  and 

So,  also,  a  house 

Iraveling  expenses 

iv^ill  work  done  by 

h  year  in  which  to 
11  time  has  elapsed 
and  his  relocation 
itor  (7). 

recording  is  de- 
and  for  this  pur- 
icts  authorized  to 
s  not  work  a  for- 
ler  testimony  (8). 
completion  of  the 
icie  evidence. 


'H  the  failure  of 
of  the  expendi- 
led  the  labor  or 
year,  give  such 
i  by  publication 
1st  once  a  week 
fter  such  notice 

ari  vs.  RolUn-s,  21 

e  Tunnel  Co.   vs. 
Ht,  9  Pac.  Rep.  819. 


in  writing  or  by  publication  such  delinquent  should  fail  or  refuse  to  con- 
tribute his  proportion  of  the  expenditure  required  by  this  secton,  his  in- 
terest in  the  claim  shall  become  the  property  of  his  co-owners  who  have 
made  the  required  expenditures." 

WASHINGTON  AND  ALASKA  have  no  special  legislation  upon 
this  subject,  and  hence  the  matter  is  governed  entirely  by  the  United 
States  law.  The  notes  hereto  appended  will  apply  to  both  with  equal 
effect. 

FORMS  for  "advertising  out"  delinquent  co-owners  are  given  in 
Form  No.  9,  Appendix  A. 

RECORDING  PROOF  OF  FORFEITURE  is  not  required  by  law. 
It  is  a  commendable  practice,  however,  to  record  the  same  witli  the 
County  Auditor  in  Washington,  or  with  the  Recorder  of  organized  min- 
ing districts  in  Alaska.  When  patent  is  applied  for  the  rules  of  the  Land 
Department  require  proof  of  forfeiture  l)y  co-owners  and  the  required 
notice  given.  The  notice  of  forfeiture  should  be  aecominanied.  when 
recorded,  with  proof  of  personal  service  or  publication  thereof,  as  the  ca.5e 
may  be,  and  also  t.n  aifidavit  to  t  (effect  that  the  delinquent  has  failed 
to  pay  his  required  portion  within  the  time  stated  in  the  notice. 
•  A  STRICT  CONSTRUCTION  is  given  >o  this  statute  and  every 
requirement  must  be  carefully  followed.  Ever}  prcsumpti  n  of  law  is 
against  forfeiture  (1).  If  any  of  the  essential  elements  are  wanting,  or  if 
there  is  no  foundation  in  fact  for  the  notice,  its  sendee  will  no  divest 
the  co-owner  of  his  title  (2). 

MERE  POSSESSORY  RIGHTS  in  lands  on  the  public  domain  can 
be  retained  only  by  continued  possesion  and  are  forfeited  and  lost  by 
abandonment.  (3). 


(1)    Lindley  on  Mines,  Sec.  645. 

(2  )    Turner  vs.  Sawyer,  150  U.  S.  585;    Brundy  vs.  Mayfleld,  15  Mont.  201,  38  Pac. 
Rep.  1067. 

(3)    Carroll  vs.  Price,  81  Fed.  Rep.  (District  Alaska)  137. 


wm 


54 


leehey's  mining  code. 


\ 


CHAPTER  XVI. 

RELOCATION    AND    AMENDED    LOCATION 

Washington  Law. 

Sec.  f).  Act  of  1890. }).  TO. — "  If  at  any  time  the  locator  of  any  quartz 
or  lode  mining  claim  heretofore  or  hereafter  located,  or  his  assigns,  shall 
learn  that  his  original  certificate  Avas  defective,  or  that  the  requirements 
of  the  law  had  not  been  comi)lied  with  before  filing,  or  shall  be  desirous 
of  changing  his  surface  Itoundaries,  or  of  talcing  in  any  additional  ground 
Avhich  is  subject  to  location,  or  in  any  case  the  original  certificate  was 
made  i)rior  to  the  pasfWge  of  thi:'  la,. ,  and  he  shall  be  det-irous  of  .securing 
the  Ijenefits  of  this  act,  such  locator  or  his  assigns  may  file  an  amended 
certificate  of  location,  sul)joct  to  the  provisions  of  this  act,  regarding  the 
making  of  new  location.'*.*" 

Sec.  8. — ■■  The  reh)cation  of  forfeited  or  abandoned  quartz  or  lode 
claims  .*hall  only  lie  made  by  sinking  a  new  discovery  shaft  and  fixing 
new  boundaries  in  Hie  sauio  numner  and  to  the  same  extent  as  is  required 
in  making  a  new  location,  or  the  relocator  may  sink  the  original  discovery 
shaft  ten  feet  deejjer  tbaii  it  was  at  the  diate  of  commencement  of  such  re- 
location, and  shall  ei'<'ct  new,  i)r  make  the  old  monuments  the  same  as 
originally  required.  In  cither  case  a  new  location  monument  shall  be 
erected,  and  the  location  certificate  shall  state  if  the  whole  or  any  part  of 
the  aiew  location  is  located  as  abandoned  proi>erty." 

IN  ALASKA  there  i-  no  provision  for  either  relocation  or  amended 
location  of  mining  claims.  Of  course  either  may  be  made  without  special 
provision  in  the  law  therefor,  but  in  all  such  cases  it  must  be  made  in  the 
same  manner  as  an  original  location. 

FOEMS. — The  same  form  .should  be  used  for  either  relocation  or 
amended  location  as  in  the  case  of  original  locations,  with  an  additional 
clause  inserted  to  the  effect  that  "This  is  an  amended  location  (or  reloca- 
tion) of  the Ivode  ^Mining   •laim,  located  on  the  same  ground 

{giyii  reference  to  date  and  record)." 

AMENDED  LOCATION.— By  Sec.  5,  of  the  Act  of  1899,  Laws  of 
"Washington,  just  quoted,  it  is  piivided  that  a  locator  may  amend  his 
location,  or  his  recorded  certificate  thereof.  By  this  course  the  ground 
included  in  the  claim  may  be  changed,  subject,  however,  to  any  interven- 
ing rights  of  others  who  may  have  made  locations  in  the  vicinity,  and 
whose  rights  could  not,  of  eoui-se,  be  afCected  ])y  the  amended  location. 
Whether  it  will  be  necessary  in  such  cases  to  again  sink  the  discovery 
shaft  or  cut  required  by  .sections  2  and  3  of  the  same  act  is  doubtful, 


LEEHEYS   MiyXG   CODE. 


56 


itor  of  any  quartz 
'  his  assigns,  shall 
the  requirements 
'  shall  be  desirous 
idditional  ground 
al  certificate  was 
^irous  of  securing 
file  an  amended 
ict,  rej^arding  the 

d  quartz  or  lode 
shaft  and  fixing 
3nt  as  is  required 
original  di-seovery 
inent  of  such  r.e- 
!nts  tlio  same  as 
luinient  shall  be 
le  or  any  part  of 

ion  or  amended 
without  special 
be  made  in  the 

r  relocation  or 
h  an  additional 
ition  (or  reloca- 
e  same  ground 

189fl,  Ijaws  of 
nay  amend  his 
rse  the  ground 
)  any  interven- 
?  vicinity,  and 
iidod  location. 

the  discovery 
?t  is  doubtful, 


depending  upon  the  interpretation  \vl.  ch  the  court  may  place  upon  the 
concluding  clause  of  section  5,  which  reads:  '•Subject  to  the  ])rovisions 
of  this  act  regarding  the  making  of  new  locations."  If  this  be  held  (as 
would  seem  more  reasonable)  to  refer  only  to  the  latter  portion  of  the 
section,  then  this  work'  is  required  only  in  case  of  amendment  of  locations 
made  prior  to  the  approval  of  the  act;  but  if  it  be  held  to  apply  to  the 
whole  section,  then  with  any  amended  location  the  discovery  exploration 
work  must  be  done  anew.  Tntil  «  judicial  determination  has  been  had, 
the  jirudent  locator  of  a  valuable  claim  will  do  the  extra  work.  Of  course, 
m  any  event,  if  the  amende<l  location  be  made  and  amended  certificate 
filed  to  ciire  defect*  in  the  discovery  exploration  work  of  the  original 
location,  then  the  work  must  l)e  performed  or  com|)leted  that  such  defect 
nu\y  be  cured. 

RELOCATION. — A  party  cannot  make  a  valid  relocation  of  a  min- 
ing claim  \mtil  the  rights  of  the  former  locator  have  been  abandoned, 
forfeited  or  otherwise  ended  (1).  A  stateuient  in  a  notice  th^t  the 
claim  is  a  relocation  is  an  admission  of  the  validity  of  the  original  loca- 
tion, and  an  a.><sertion  that  the  relocator  claims  by  reason  of  the  forfeiture 
or  abandonment  of  the  same  by  the  original  locator  (2). 

If  the  former  location  was  not  a  valid  one  it  should  not  be  mentioned 
or  I'ecognized  by  the  subsequent  notice  of  location.  Indeed,  there  is  a 
question  as  to  the  wisdom  of  mentioning  the  prior  location  at  all  in  any 
case  where  the  subsequent  location  is  adverse  to  the  first. 

A  NE^V  DISCOVERY  by  the  i>arty  relocating  is  not  necessary,  but 
a  vein  or  lode  sufficient  to  support ..  location  must  be  known  to  him  (3). 

ABANDOXMEN'T. — When  a  mining  claim  is  abandoned  by  the  lo- 
cator, it  is  thereu}x>n  immediately  subjeit  to  relocation.  xAbandonment 
is  a  question  of  intention.  Leaving  the  claim  in  a  neglected  condition 
is  no  evidence  of  abaiulonment.  But  if  a  claimant  leaves  his  claim  with 
tiie  intention  of  never  returning  and  of  never  asserting  any  further  right 
of  ownership  over  it,  he  thereby  abandons  it,  and  the  claim  thereupon  be- 
comes subject  to  relocation.  The  intention.once  formed  and  acted  upon 
is  as  a]).*olute  if  it  exists  for  a  minute  or  a  second  as  though  it  continued 
for  years.  The  burden  of  proving  abandonment  rests  upon  the  party 
alleging  it  (4). 

KORKKITFRE. — The  failure  of  a  locator  of  a  mining  claim  to  per- 
form the  requisite  annual  labor  subjects  the  claim  to  relocation,  and  a 

(1)  Uelk  vs.  Meagher,  104  U.  S.  279. 

(2)  VVUUs  vs.   Blaine,   20  Pac.   Rep.   798. 

(3)  Llndley  on  Mines,   Sec.  403. 

(4)  Stone  vs.  Geyser  Co.,  52  Cal.  315;  Carter  vs.  Baclgalupl.  83  Cal.  187;  Omar 
vs.  Soper  (Col.),  18  Pac.  Rep.  448;  Trevaskls  vs.  Peard,  44  Pac.  Rep.  246. 


56 


leehey's  mining  (;ode. 


1^  i 


u 


'M 


peaceable  entry  may  be  made  for  that  purpose,  even  though  the  claim  is 
occupied  by  the  original  locijtor.  The  right  of  the  original  locator  to 
perfom  the  required  amount  of  work  after  such  failure  depends  upon  his 
beginning  the  work  before  tlie  relocation,  and  completing  the  same  with 
reasonable  diligence  (5). 

RELOCATION  BY  OWNER  AFTER  FORFEITURE.— It  has  been 
held  in  Utah  that  the  locator  of  a  mining  claim,  who,  by  failure  to  per- 
form annual  labor,  has  allowetl  his  location  to  lapse  and  become  subject  to 
relocation,  has  a  right  to  make  a  new  location  himself  covering  the  same 
ground  (6).  This  would  seem  to  give  to  the  locator,  who  has  failed  to 
perform  his  annual  labor,  the  altematiA'e  of  resuming  work  under  the  old 
location  or  making  a  new  one.  In  such  a  case  a  relocation  would  be  aJi 
evasion  of  the  positive  requirement  of  annual  labor,  and  it  is  doubtful 
whether  the  Utah  decision  is  good  law..  Where  a  claimant  who  is  in 
default  of  his  annual  labor  desires  to  still  hold  his  claim,  he  should  pursue 
the  safe  method  of  resuming  work  on  the  claim  rather  than  adopting  the 
questionable  one  of  relocating. 


CHAPTER  XVII. 


MININ(;    PARTNERSHIPS. 


u 
.j1'   1 


% 


./ 


'IK  ' 


\    . 


^■m 


HOW'  FORMED. — There  is  no  special  legislation  concerning  mining 
partnerships  in  either  Washington  or  Alaska.  Nor  is  any  necessary  to  their 
creation  or  exisitence.  A  mining  partnership  is  formed  when  two  or  more 
}tersons  who  own  or  acqiiire  a  mine  actually  engage  together  in  working 
the  same.  The  relation  exists  without  statutory  authority  by  what  Lind- 
ley  terms  the  "American  common  law  of  mining"  (1).  Such  a  partner- 
sliip  may  be  formed  without  a  special  agreement  therefor.  When  parties 
do  sucli  acts  as  in  law  constitute  a  partnership,  they  are  such  in  law 
wliether  they  s-o  intend  to  bi'  or  not.  It  is  not  necessary  that  the  parties 
"own"  a  mine;  to  "accjuire"'  one  is  sufficient,  and  they  may  acquire  the 
same  by  lease,  option  or  location,  as  well  as  by  direct  purchase.  Mining 
partnerships  differ  fr<u)i  ordinary  or  general  partnerships,  in  that  the  in- 
terest of  each  partner  is  assignable  without  the  consent  of  the  others,  and 


(5)  Du  Prat  vp.  James,  65  Cal.  555;     Hlrschler  vs.  McKendricks,   16  Mont.  212; 
40  Pac.  Kep.  290. 

(6)  Warnock  vs.   DeAVltt,  40  Pac.  Rtp.  (Utah)  205. 
(1)  Lindley  on  Mines,  Sec.  796. 


ugh  the  claim  is 
iginal  locator  to 
epends  upon  his 
?  the  same  with 

E. — It  has  been 
(  failure  to  per- 
ioome  subject  to 
veriug  the  same 
10  has  failed  to 
k  under  the  old 
on  would  be  aJi 
i  it  is  doubtful 
nant  who  is  in 
e  should  pursue 
in  adopting  the 


ernmg  mining 
:es£ary  to  their 
n  two  or  more 
ler  in  working 
by  what  Lind- 
ich  a  partner- 
When  parties 
such  in  law 
lat  the  parties 
y  acquire  tlie 
ase.     Mining 
ti  that  the  in- 
le  others,  and 

s,   16  Mont.  212; 


LEKHKYS    MINING    CODE. 


67 


the  (ii'atli  or  insdlvt'iicy  of  one  of  the  i)artners  does  not  dissolve  the  part- 
nertili'p.  The  dccisittn  of  menihcrf;  owning  a  majority  of  the  interests  or 
share.*  in  the  partner.<hi})  governs.  As  in  a  general  partnership,  each 
jiartner  i?;  the  agent  of  the  partnership  and  may  bind  it  by  any  act 
or  contract  in  the  ordinary  course  of  business;  but  in  a  mining  partner- 
ship one  jiartner  cannot  l)ind  the  others  by  note  or  written  contract  of 
indebti*<ln ess  witliout  express  autiiority  (2).  Eadi  partner  has  a  lien  on 
the  jvartnerslii])  property  for  the  payment  of  all  its  debts  and  other  ex- 
penses incurred  by  him  in  carrying  on  the  enterprise  for  the  benefit  of 
the  partner.-thip  (3). 

EXTENT  OF  L1?:XS.— The  partnership  property,  both  real  and 
personal,  is  made  a  trust  fund,  to  be  used  in  the  improvement  of  the  mine 
and  tlie  payment  of  the  company's  obligations.  All  mines,  flumes, 
canals,  etc.,  used  by  tl.e  partnership,  whetlier  purcha.^ed  with  partnersliip 
funds  or  bought  in  by  an  individual  member,  are  subject  to  such  lien  (4). 

A  GENEKAL  rAIITiXERSHIP  may  of  course  be  formed  for  the  pur- 
pose of  mining,  and  when  so  formed  the  relation  of  the  partners  to  each 
other  is  the  same  as  in  any  other  ordinary  partnership. 

AN  AGREEMENT  BETWEEN  TWO  PERSONS  TO  PROSPECT 

for  and  locate  mines  on  the  jmblic  domain  is  not  within  the  statute  of 
frauHs.-and  therefore  need  not  be  in  writing,  and  where  two  peTsons  make 
such  an  oral  agreement,  a  location  by  one  in  his  own  name  will  be 
decreed  to  be  for  the  benefit  of  both,  and  a  court  of  equity  will  compel  a 
conveyance  to  the  other  partner,  or  an  accounting  for  any  moneys  re- 
ceivetl  if  tlie  property  has  been  sold  by  the  one  who  so  located  (5). 

A  GRriiSTAKE  CONTRACT  is  not  ordinarily  a  partnership.  It 
will  be  mentioned  in  Chapter  XXII.  at  plage  69. 

.  (2)  Skillman  vp.  I^achman,  23  Cal.  199;    Taylor  vi=,  Castle,  11  Mor.  M.  R.  484. 

(3)  Daugherty  vs.  Cleary,  30  Cal.  290. 

<4)  Duryea  vs.  Burt.  28  Cal.  584. 

(5)  Raymond  vs.  Johnson,  17  Wash.  232;    49  Pac.  Rep.  492. 


51. 


A8 


r.EEHRYS    MINING    CODIO. 


CHAPTER  XVIII. 


¥r4, 


I'ROCKDURE    TO    015TAIN    PATENTS. 

United  States  Law. 

Sec.  23'^').  l{(.'v.  8tat. — "A  patent  for  any  land  claimetl  and  located 
for  valuable  deposits  may  be  obtained  in  the  following  manner:  Any 
person,  association,  or  corj>oration  anthorized  to  locate  a  claim  under  this 
chapter,  having  claimed  and  located  a  piece  of  land  for  such  purposes, 
who  has,  or  have,  complied  with  the  terms  of  this  chapter,  may  file  in  the 
proper  land  office  an  application  for  a  patent,  under  oath,  showing  such 
compliance,  togetlicr  with  a  plat  and  field  notes  of  the  claim  or  claims  iu 
common,  made  by  or  imder  the  direction  of  the  United  States  Surveyor- 
General,  showing  accurately  the  boundaries  of  the  claim  or  claims.  •  ich 
shall  be  distinctly  marked  by  monuments  on  the  ground,  and  shall  \,rjat  a 
copy  of  such  plat,  together  with  a  notice  of  such  application  for  a  patent 
in  a  conspicuous  place  on  the  land  emhraced  in  such  plat  previous  to  the 
filing  of  the  application  for  a  patent,  and  shall  file  an  affidavit  of  at  least 
two  persons  that  such  notice  has  been  duly  posted,  and.  shall  file  a  copy  of 
the  notice  in  such  land  office,  and  shall  thereupon  be  entitled  to  a  patent 
for  the  land,  in  the  manner  following:  The  Register  of  the  land  office, 
upon  the  filing  of  such  application,  plat,  field  notes,  notices,  and  affidavits, 
shall  publish  a  notice  that  such  application  has  been  made,  for  the  period 
of  sixty  days,  in  a  newspaper  to  be  by  him  designated  as  published  aearest 
to  such  claim;  and  he  shall  also  post  such  notice  in  his  office  for  the  same 
period.  The  claimant  at  the  time  of  filing  this  application,  or  at  any 
time  thereafter,  within  the  sixty  days  of  publication,  shall  file  with  the 
register  a  certificate  of  the  United  States  Surveyor-General  that  five  hun- 
dred dollars'  worth  of  labor  has  been  expended  or  improvements  made 
upon  the  claim  l)y  himself  or  grantors;  that  the  plat  is  correct,  with  such 
further  description  liy  such  reference  to  natural  objects  or  permanent 
monuments  as  sliall  identity  the  claim,  and  furnish  an  accurate  descrip- 
tion, to  be  incorporated  in  the  ixitcnt.  At  the  expiration  of  the  sixty 
days  of  publication  the  claimant  shall  file  his  affidavit,  showing  that  the 
plat  and  notice  have  l)een  posted  in  a  conspicuous  place  on  the  claim  dur- 
ing such  jieriod  of  ])ublication.  If  no  adverse  claim  .shall  have  been  filed 
with  the  Register  and  the  Receiver  of  the  proper  land  office  at  the  expira- 
tion of  the  sixty  days  of  publi<ation,  it  shall  be  assumed  that  the  appli- 
cant is  entitled  to  a  pati'ut.  upon  the  payment  to  the  proper  officer  of  five 
dollars  })or  aero,  and  that  no  adverse  claim  exists;  and  thoroafter  no  ob- 
jection from  third  parties  to  the  issuance  of  a  patent  shall  be  heard,  except 


n 


LEEHEY  S   MINING   CODE. 


69 


ed  and  located 
nan  nor:     Any 
aim  under  this 
sucli  purposes, 
may  file  in  the 
,  showing  such 
m  or  claims  in 
tates  Surveyor- 
■  claims.       ich 
nd  shall  \yyM  a 
)n  for  a  patent 
jrevious  to  tho 
avit  of  at  least 
1  file  a  copy  of 
led  to  a  patent 
^he  land  office, 
and  affidavits, 
for  the  period 
)lished  aeare.st 

for  the  same 
on,  or  at  any 

file  with  tliG 
that  five  hun- 
^ements  made 
?ct,  with  such 
)r  permanent 
urate  descrip- 

of  the  sixty 
ving  that  the 
le  claim  dur- 
ive  been  filed 
it  the  expira- 
lat  the  appli- 
i)fficer  of  five 
.'after  no  ob- 
leard,  except 


it  b(!. shewn  that  the  applicant  has  failed  to  comply  with  the  terms  of  this 
chaj)t<'r. 

Provided,  That  where  the  claimant  for  a  patent  is  not  a  resident  of 
or  within  the  land  district  wherein  the  vein,  lode,  ledge,  or  deposit  sought 
to  be  patented  is  located,  the  application  for  patent  and  the  affidavits 
requiivd  to  be  made  in  this  sectiooi  by  the  claimant  for  snieli  patent  may 
be  made  by  his,  her.  or  its  authorized  agent,  where  said  agent  is  conversant 
with  tlie  facts  to  be  e*tablisihed  by  said  affidavits.  (The  proviso  is  from 
the  act  of  January  23,  1880.) 

Sec.  2337. — "  The  description  of  vein  or  lode  claims,  upon  surveyed 
lands,  shall  designate  the  location  of  the  claim  with  reference  to  the  lines 
of  the  public  surveys,  but  need  not  conform  therewith;  but  where  a 
patent  shall  be  issued  for  claims  upon  unsurveyed  lands,  the  Surveyor- 
General,  in  extending  the  surveys,  shall  adjust  the  same  to  the  boundaries 
of  such  patented  claim,  according  to  the  plat  or  description  thereof,  but 
so  as  in  no  case  to  interfere  with  or  change  the  location  of  any  such 
patented  claim.  .■- 

(For  section?  relating  to  patents  for  placer  claims,  see  ante,  pages 
34-26. 

Sec.  2334. — "  The  "Surveyor-General  of  the  United  States  may  ap- 
point in  each  land  district  containing  mineral  lands  as  many  competent 
surveyors  as  sliall  apply  for  appointment  to  survey  mining  claims.  The 
expenses  of  the  survey  of  vein  or  lode  claims,  and  the  sui'vey  and  subdivi- 
sion of  placer  claims  into  smaller  quantities  than  one  hundred  and  sixty 
acres,  together  with  the  cost  of  publication  of  notices,  shall  be  paid  by 
the  applicants,  and  they  shall  be  at  liberty  to  obtain  the  same  at  the  most 
reasonable  rates,  and  they  shall  also  be  at  liberty  lo  employ  any  United 
States  deputy  surveyor  to  make  the  survey.  The  Commissioner  of  the 
General  Land  Office  shall  also  have  power  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  under  this  chapter;  and  in 
case  of  excessive  charges  for  publication,  he  may  designate  any  newspaper 
published  in  a  land  district  where  mines  are  situated  for  the  publication 
of  mining  notices  in  such  district,  and  fix  the  rates  to  be  charged  by  such 
paper;  and,  to  the  end  that. the  Commssioner  may  be  fully  informed  on 
the  subject,  each  applicant  shall  file  with  the  Register  a  sworn  statement 
of  all  charges  and  fees  paid  by  such  applicant  for  publication  and  surveys, 
together  with  all  fees  and  money  paid  the  Register  and  Receiver  of  the 
land  office,  which  statement:  shall  be  transmitted,  with  the  other  papei-s 
in  the  case,  to  the  Commissioner  of  the  General  Land  Office. 

Sec.  2335. — "All  affidavits  required  to  be  made  under  this  chapter 
may  be  verified  before  any  officer  authorized  to  administer  oaths  within 


*iii!A!^>l|^ 


•.# 


. 


m\ 


%M 


m\ 


;:lj!U  I 


60 


LEEHEYS   MINING   CODE. 


the  land  district  where  the  claims  may  be  situated,  and  all  testimony  and 
proofs  may  be  taken  before  any  sueli  oflficer,  and,  when  duly  certified  by 
the  officer  talking  the  same,  shall  have  the  same  force  and  effect  as  if 
taken  before  the  Register  and  Receiver  of  the  land  office.  In  cases  of 
contest  as  to  the  mineral  or  agricultural  character  of  tlie  Itod,  the  testi- 
mony and  proofs  may  be  taken  as  herein  provided  on  personal  notice  of 
at  least  ten  days  to  the  opposing  party;  or,  if  such  party  cannot  be  found, 
then  by  publication  of  at  least  once  a  week  for  thirty  days  in  a  newspaper, 
to  be  designated  by  the  Register  of  the  land  office  as  publis'hed  nearest  to 
the  location  of  such  land;  and  the  Register  shall  require  proof  that  such 
notice  has  been  given. 

Sec.  2321. — "Proof  of  citizenship,  under  this  chapter,  may  consist  in 
the  case  of  an  individual,  of  his  own  affidavit  thereof;  in  the  case  of  an 
association  of  })ersons  unincorporated,  of  the  affidavit  of  their  authorized 
agent,  made  on  his  own  knowledge,  or  upon  information  and  belief,  and 
in  the  case  of  a  corporation  organized  under  the  laws  of  the  United  States, 
or  of  any  state  or  territorv'  thereof,  by  filing  oi  a  certified  copy  of  their 
charter  or  certificate  of  incorporation. 

Sec.  2. — "  That  applicants  for  mineral  patents,  if  residing  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated,  may  make  any  oath  or 
affidavit  required  for  proof  of  citizenship  before  the  clerk  of  any  court  of 
record,  or  before  amy  notary  public  of  any  state  or  territory." — Act  of 
April  26,  1882. 

OBTAINING  PATENTS.— It  does  not  come  \\^thin  the  purpose  of 
this  book  to  give  minute  directions  as  to  the  method  of  obtaining  a  patent. 
The  locator  who  desires  to  secure  a  j)atent  will  be  compelled  to  secure 
the  services  of  a  United  States  deputy  mineral  surveyor,  who  will  advise 
him  as  to  the  varicvus  j^teps  necessary.  We  will  state  briefly,  however,  the 
course  which  must  be  pursued. 

An  application  is  first  made  to  the  Surveyor-General  for  an  order  of 
survey.  This  application  iiiustbe  accompanied  by  a  certified  copy  of  the 
notice  of  location,  and  a  fee  of  $30  in  case  of  lode  claims,  and  from  $10 
to  $80  in  case  of  placers;  which  fees  must  be  deposited  in  an  United 
States  depository.  The  Surveyor-Cieneral  thereupon  issues  an  order  of 
survey  to  the  reputy  mineral  surveyor  designated  by  the  claimant.  That 
official  will  then  make  the  survey,  and  send  his  returns  to  the  Surveyor- 
General's  office.  IVo  copies  of  the  approved  plat  will  be  returned  to  the 
claimant,  one  to  be  jKteted  on  the  claim,  the  other  to  be  forwarded  witli 
the  application  for  patent.  The  claimant  will  then  jwst  the  plat,  and 
notice  of  his  intention  to  apply  for  patent,  in  a  conspiciious  place  upon 
the  claim,  where  they  must  remain  posted  during  the  succeeding  sixty 


LEEHKYS    MINING   CODE. 


61 


testimony  and 
ily  certified  by 
id  effect  as  if 
In  cases  of 
tod,  the  testi- 
onal  notice  of 
mot  be  found, 
1  a  newspaper, 
bed  nearest  to 
roof  that  such 

nay  consist  in 
the  case  of  an 
eir  authorizetl 
nd  belief,  and 
United  States, 
copy  of  their 

ig  beyond  the 
:e  any  oath  or 
'  any  court  of 
»ry."— Act  of 

le  purpose  of 
ling  a  patent, 
ed  to  secure 
lO  will  advise 
however,  the 

an  order  of 
copy  of  the 
nd  from  $iO 
an  United 
an  order  of 
tiant.     That 
le  Surveyor- 
irned  to  the 
varded  with 
le  plat,  and 
place  upon 
eding  .sixty 


day  period  i)f  publication.    The  claimant  must  tluMi  .send  to  the  Register 
of  the  local  land  office  the  following  documents: 

(1)  Proof  by  athdavit  of  two  disinterested  persons  that  the  plat  and 
notice  of  intention  to  apply  for  patent  have  bo<'ii  |h).sI»'(1  on  tln'  claim,  and 
remained  .so  {H)st«l  during  the  entire  sixty  days. 

(2)  Copy  of  the  otficiail  plat. 

(3)  Tran.script  of  field  notes. 

(4)  Application  for  patent. 

(5)  Atlidavit  of  $500  improvements. 

(())  An  affidavit  of  the  citizenship  of  each  claimant;  or,  in  case  of  a 
cor})oralion,  a  certified  copy  of  the  certificate  of  incorporation. 

(7)  Agreement  of  publi.sher  to  hold  the  claimant  alone  responsible 
for  cost  of  j)ublicati(m. 

(8)  Two  co'pies  of  the  notice  to  be  published. 

(9)  Certified  co])y  of  the  notice  of  location. 

(10)  An  alwtract  of  title  showing  title  to  the  claijii  in  the  claimant. 

(11)  Ten  dollars  for  fees  for  filing  in  the  land  office. 

Upon  tiic  a))[)iK)val  of  these  papers  the  Register  .signs  the  notice  and 
forwards  it  to  the  local  paper  for  publication.  If  after  the  expiration 
of  sixty  days  no  advei^se  claim  is  filed,  the  claimant  is  ])i'rmittcd  to  make 
his  fiiud  ju'ool's.  With  the  submission  of  these  proofs  in  due  form  he 
must  pay  the  purchase  i)rice  ($5  per  acre  in  case  of  lode  claims,  and  $8.50 
per  acre  in  case  of  jilacer  claims)  and  a  Receivers  recei{)t  will  at  once  be 
issued  to  him  therefor,  and  patent  should  follow  in  due  course  of  time. 


CHAPTER  XIX. 


ADVERSE     CLAIMS. 

United  States  Law. 

Sec.  2326,  Rev.  Stats. — "W^iere  an  adverse  claim  is  filed  during  the 
period  of  publication,  it  shall  be  upon  oath  of  the  person  or  persons  mak- 
ing the  .«iame,  and  shall  show  the  nature,  boundaries,  end  extent  of  such 
adverse  claim,  and  all  proceedings,  except  the  publication  of  notice  and 
making  and  filing  of  the  affidavit  thereof,  shall  be  stayed  until  the  contro- 
versy shall  have  been  settled  or  decided  by  a  court  of  competent  jurisdic- 
tion, or  the  adverse  claim  waived.  It  shall  be  the  duty  of  the  adverse 
claimant,  within  thirty  days  after  filing  his  i  laim,  to  commence  proceed- 
ings in  a  court  of  competent  jurisdiction,  to  detennine  the  question  of  the 
right  of  possession,  and  prosecute  the  same  with  reasonable  diligence  to 


62 


LKEHEY's   MININd    CODE. 


I       i 


(I 


'1=r 


final  judgment ;  and  a  fadlure  ao  to  do  shall  be  a  waiver  of  hie  adveiTBe  claim. 
After  such  judgment  shall  have  been  rendered,  the  par*y  entitled  to  the 
possession  of  the  claim,  or  any  portion  thereof,  may,  without  giving  fur- 
ther notice,  file  a  certified  copy  of  the  judgment  roll  with  the  Register  of 
the  land  oflice,  together  with  the  certificate  of  the  Sur^'eyor-General  tlhat 
the  requisrite  amount  of  labor  has  been  expendd  or  improvments  m.ide 
thereon,  and  the  description  required  in  other  cases,  and  shall  pay  to  the 
Receiver  five  dollars  per  acre  for  his  claim,  together  with  tlie  proper  fees, 
whereupon  the  whole  proceedings  and  the  judgment  roll  shall  be  certified 
by  the  Register  to  the  Commissioner  of  the  General  Land  Office,  and  a 
patent  shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as  the 
applicant  shall  appear,  from  the  decision  of  the  court,  to  rightly  possess. 
If  it  appears  from  the  decision  of  the  court  that  several  parties  are  entitle  ' 
to  separate  and  different  portions  of  the  claim,  each  party  may  pay  foi  hio 
portion  of  the  claim,  with  the  proper  fees,  and  file  the  certificate  ana 
description  by  the  Surveyor-General,  whereupon  the  Register  shall  certify 
the  proceedings  and  judgment  roll  to  the  Commissioner  of  the  General 
Land  Office,  as  in  the  preceding  case,  and  patents  shall  issue  to  the  sev- 
eral parties  according  to  their  respective  rights.  Nothing  herein  con- 
tained shall  be  construed  to  prevent  the  alienation  of  the  title  conveyed 
by  a  patent  for  a  mining  claim  to  any  person  whatever." 

"  The  adverse  claim  required  by  section  twenty-three  hundred  and 
twenty-six  of  the  Revised  Statutes,  may  be  verified  by  the  oath  of  any 
duly  authorized  agent  or  attorney-in-fact  of  the  adverse  claimant  cogniz- 
ant of  the  facts  stated;  and  the  adverse  claimant,  if  residing  or  at  the 
time  beyond  the  limits  of  the  district  wherein  the  claim  is  situated,  may 
make  oath  to  the  adverse  claim  before  the  clerk  of  any  court  of  record 
of  the  United  States  or  the  state  or  territory  where  the  adverse  claimant 
may  then  be,  or  before  any  notary  public  of  such  state  or  ten-itory." — 
(Act  of  April  26,  1882.) 

"  If  in  any  action  brought  pursuant  to  section  twenty-three  hundred 
and  twenty-six  of  the  Revised  Stattutes,  title  to  the  gi'ound  in  controversy 
shall  not  be  established  by  either  party,  the  jury  shall  so  find,  and  judg- 
ment shall  be  entered  according  to  the  verdict.  In  such  case  costs  shall 
not  be  allowed  to  either  party,  and  the  claimant  shall  not  proceed  in  the 
land  office  or  be  entitled  to  a  patent  for  the  ground  in  controversy  until 
he  shall  have  perfected  his  title." — (Act  of  March  3,  1881.) 

ADVERSE  CLAIMS.— During  the  sixty  days  while  the  notice  of 
application  for  patent  is  being  published,  any  one  who  has  a  prior  claim 
to  any  part  of  the  ground  applied  for  should  adverse  the  application.  The 
extent  of  the  adverse  claim  should  be  set  fcith  by  an  affidavit  of  the 


fe'H 


LEKHKY  r    MINING   CODE. 


63 


adverso  rlaiinrtnt  or  his  agent,  showing  the  niituro,  boundaries  and  extent 
of  snch  adverwi  claim,  and  should  be  accompanied  by  a  plat.  For  this 
reason  the  wrvice  (►f  a  mineral  surveyor  is  required,  who  Mill  be  able 
to  direct  the  claiiiuuit  as  to  the  steps  necessary. 

The  law  reiiuires  the  notice  of  application  for  patent  to  be  served  on 
the  pulilic  in  two  ways:  First,  it  must  l)o  publishcHl  for  sixty  days  in  some 
nowspaper  publishcil  nearest  the  claim,  and,  second,  during  the  same  per- 
iod it  must  be  poeied  in  a  conspicuous  place  on  the  claim,  together  with  a 
plat  of  the  claim  as  oflRcially  surveyed.  An  adjoining  claimant,  who  may 
have  adverse  rights,  is  presumed  to  have  notice  of  the  application  through 
these  two  methods  of  service.  If  he  does  not  in  fact  have  such  notice  by 
either  of  tliese  methods  it  may  be  his  misfortune,  but  the  law  will  con- 
clusively presume  it  to  be  his  fault.  After  the  sixty  days  have  elapsed 
and  mineral  entry  of  application  has  Ixl-u  made,  all  adverse  rights  that 
might  have  been  asserted  thereto  arc  forever  'tarred,  though,  of  course,  a 
failure  to  adverse  does  not  determine  adverse  rights  that  on  development 
may  be  found  to  exist  beneath  the  surface  (1). 

NEW  NOTICE. — When  by  reason  of  defects  in  the  giving  of  notice 
a  new  notice  is  required,  adverse  claimants  will  have  sixty  days  after  the 
first  publication  of  the  new  notice  in  which  to  file  their  adverse  claims  (2). 


CHAPTER  XX. 


LODES    WITHIN    PLACER   CLAIMS. 


Unitated  States  Law. 

Sec.  2333,  Rev.  Stats. — "  Where  the  same  person,  a.ssociation,  or  cor- 
poration is  in  possesion  of  a  placer  claim,  and  also  a  vein  or  lode  included 
within  the  l)oundaries  thereof,  application  shall  bo  made  for  a  patent  for 
the  placer  claiin,  with  the  statement  that  it  includes  such  vein  or  lode, 
and  in  such  case  a  patent  shall  issue  for  the  placer  claim,  subject  to  the 
provisions  of  this  chapter,  including  such  vein  or  lode,  upon  the  payment 
of  five  dollars  per  acre  for  such  vein  or  lode  claim,  and  twenty-five  feet  of 
surface  on  each  side  thereof.  The  remainder  of  the  placer  claim,  or  any 
placer  claim  not  embracing  any  vein  or  lode  claim,  shall  be  paid  for  at  the 
rate  of  tw  o  dollars  and  fifty  cents  per  acre,  together  with  all  costs  of  pro- 
ceedings;   and  where  a  vein  or  lode,  such  as  is  described  in  section 


(1)  Last  Chance  Mng.  Co.  vs.  Tyler  Mng.  Co.,  61  Fed.  Rep.  565. 

(2)  Llndley  on  Mines,  Sec.  738;    Wheeler  vs.  Smith,  23  L.  D.  (Wash.)  395. 


*. 

-li 

;. 

i         . 


64 


lp:khey's  mining  code. 


twenty-tlir'-;  luindretl  and  twenty,  is  known  to  exist  within  the  boiind- 
arie.s  of  a  i)lacer  claim,  an  application  for  a  patent  for  such  placer  claim 
whicli  does  not  inehidc  an  application  for  the  vein  or  lode  claim  shall  be 
construed  as  a  conclusive  declaration  that  the  claimant  of  the  placer  claim 
has  no  right  of  ])08.ses8i(»n  of  the  vein  or  lode  claim;  but  where  the  exist- 
ence of  a  vein  n'-  IimIc  in  a  placer  claim  is  not  known,  a  patent  for  the 
placer  claim  shall  convcv  all  the  val'.able  mineral  and  other  deposits 
within  the  bouridaiies  tliireof." 

IX  CASK  A  LODE  IS  KXOWX  TO  EXIST  within  the  boundaries 
of  a  placer  clairi  at  the  time  when  patent  is  sought,  a  statement  of  that 
fact  should  be  made  in  the  ap])lication,  otherwise  it  will  be  conclusively 
presumed  that  the  placer  claimant  has  no  right  to  the  lode. 

The  time  at  which  the  lode  must  be  known  in  order  to  be  excepted 
from  the  grant  of  a  ])1. cer  ])atent  is  the  date  of  the  application  for 
patent  (1).  If  a  lode  is  discovered  subsequent  to  that  date,  the  plaC'.T 
patent  will  con\(\y  gu.>d  t'itle  to  the  sa.ne. 

WHAT  IS  A  "  KXOWX  LODE."— Xot  every  crevice  in  the  rocks, 
nor  every  outcrop])ing  on  rlie  surface  which  suggests  the  possibility  of 
mineral,  or  which  on  subsequent  exploration  develops  ore  of  great  value, 
can  be  adjudged  a  known  vein  or  lode  within  the  meaning  of  the 
statute  (1).  ]?ut  if  a  vein  is  of  such  a  character  as  to  justify  the  expendi- 
ture of  money  in  its  development,  and  to  add  some  substantia'  value  to 
the  land  l)y  reawui  of  its  existence,  then  it  is  a  "known  lode"  within  the 
meaning  of  the  law  (2). 

It  is  not  necessaiT  that  such  a  lode  should  have  Ijecn  located  nrior  to 
the  time  of  anplication  for  ph'cer  patent  to  make  it  a  tcnown  hole.  It  is 
enough  that  it  be  known  to  the  applicant  or  known  to  the  community 
generally,  or  else  disclosed  l)y  workings  and  obvious  to  i.'ny  one  making  ■^ 
reasonable  and  fair  inst^eetion  of  the  i)remises  for  the  purpose  of  obtain- 
ing title  from  the  government  (3).  Where,  however,  th.^  lode  has  boen 
properly  located  and  the  title  is  held  by  third  p-^^^rties,  it  is  kuovrn  to  exist 
within  the  meaning  of  the  law,  and  a  placer  application  covering  such  a 
lode  and  nuiking  no  niention  of  it,  originates  no  title  adverse  to  the  lode 
claimant  (1).  Vndcr  such  circumstances  it  is  not  even  necessary  for  the 
lode  claimant  t>i  adverse  tlie  placer  application,  though  it  would  be  ad- 
visable to  do  .so. 

As  no  title  to  a  known  vein  not  included  in  the  placer  application,  can 


643. 


(1)  Iron  Silver  Mng.  Co.  vs.  M.  &  S.  Mng-.   Co.,   143  U.   S.   402,  12  Sup.  Ct,   Rep. 

(2)  Brownfield  va.  Bier,  15  Mont.  403;    39  Pac.  461. 

(3)  Jiipiler  Mngr.  Co.,  vs.  Brodle  Con.  Mnsr.  Co.,  11  Fed.  Rep.  tnS. 

(4)  Noyes  vh.  Mantle.  12T  U.  S.  348. 


LKEHEY  S    MINING   CODE. 


65 


1)6  conveyed  by  a  placer  patent,  the  fee  simple  to  all  such  known  lodes 
continues  in  the  United  States  until  it  jwirts  wM\  the  same  in  accordance 
with  law.  It  may  be  located  as  other  veins  or  lodes.  The  placer  grantee 
can  never  acquire  title  to  such  lode  by  adverse  possession,  since  the  statute 
of  limitations  does  not  run  as  against  the  United  States. 

PATENT  FOR  KNOWX  I.ODE.— Whenever  it  is  ascertained  by  in- 
quiry instituted  by  the  Land  Department,  or  determined  by  a  court  of 
(umpetent  jurisdiction,  that  a  lode  exists  within  the  boundaries  of  the 
land  covered  by  a  placer  i)atent,  and  that  such  lode  was  known  to  exist 
at  the  date  of  the  application  for  such  i)atent,  a  patent  will  issue  for  the 
lode  claim  if  the  law  has  been  in  other  respects  fully  complied  with  (5). 
If  the  lode  claim  was  a  valid,  subsistinj^  location  at  the  date  of  placer 
location,  patent  Mill  issue  for  the  full  width  of  surface  rightfully 
claimed  (6).  If  the  lode  location  was  nuide  after  the  i>lacer  location, 
patent  will  issue  for  surface  twenty-five  feet  wide  on  each  side  of  the 

Before  the  ])lacer  claimant  applies  for  patent  he  should  search  his 
claim  diligently  to  discover  if  iodcs  exist  therein,  and  if  they  do,  he  should 
state  the  fact  in  his  application,  and  make  it  include  mx  applcation  for 
the  lodes  as  well.  AVhen  a  valuable  lode  is  developed  in  placer  ground 
after  patent,  there  is  always  the  danger  that  adverse  claimants  will 
attempt  to  show  that  the  lode  was  known  to  exist  at  the  date  of  the 
])lacer  application.  This  danger  constitutes  an  infirmity  in  such  patents 
which  should  be  guarded  against  by  diligent  examination  of  the  ground 
in  the  presence  of  witnesses  before  patent  is  sought  (8). 


Also  Mt.  Rosa  Mng. 


(C)    South  Star  Lode,  20  L.  D.  204. 

(6)  Noyes  vs.  Mantle,  Supra. 

(7)  North  Star  Lodd,  decided  Land  Dept..  March  10,  1896. 
Co.  vs.  Palmer,  56  Pac.  Kep.  176. 

(S)  The  foregoing  chapter  has  been  taken  veioatlni,  with  annotations,  from 
Howell's  Miners'  Code,  and  is  a  concise  and  accurate  .statement  of  the  law  upoi  the 
sub.iect. 


leehey's  mining  code. 


1 

if 

H 


CHArTER  XXI. 

POSSESSORY    RIGHTS    IN    MINING   CLAIMS. 

United  States  Law. 

Sec.  233?,  Eev.  Stat. — '"AVhere  sucli  a  person  or  association,  they  and 
their  grantoi-s,  have  held  and  worked  their  claims  for  a  period  equal  to  the 
time  prescribed  by  the  statute  of  limitations  for  mining  claims  of  the 
state  or  territory  Avhere  the  same  may  be  sitnated,  evidence  of  such  pos- 
session and  working  of  the  claims  for  such  period  shall  be  sufficient  to 
establish  a  right  to  a  patent  thereto  under  this  chapter,  in  the  absence  of 
any  adverse  claim;  but  nothing  in  this  chapter  shall  be  deemed  to  impair 
any  lien  which  may  have  attached  in  any  way  whatever  to  any  mining 
claim  or  property  thereto  attached  prior  to  the  issuance  of  a  patent." 

MERE  POSSESSION  of  a  mining  claim  and  working  of  the  same  for 
the  ctatutory  period  will  not  of  itself  give  one  a  right  to  the  claim.  The 
statute  quoted  presupposes  a  valid  entry  and  a  possession  under  a  claim 
of  right,  and  was  enacted  to  lessen  the  burden  of  proof  upon  old  claims, 
in  California  and  elsewhere,  the  records  of  which  in  many  cases  had  been 
destroyed.  No  patent  will  issue  to  an  ap])licant  claiming  under  this  pro- 
vision unless  he  brings  himself  squarely  within  it  by  a  full  compliance 
with  its  terms  (1). 

A  POSSESSORY  RIGHT  to  non-mincra]  land  in  Alaska  is  a  right  to 
the  sole  occupancy  and  use  of  such  land,  and  the  prior  right  to  enter  and 
purchase  the  same  from  the  government  whenever  a  law  may  be  enacted 
for  its  entry  and  purchase.  This  is  evidently  on  the  theory  that  where 
there  is  no  method  provided  for  the  acquisition  of  title  (as  in  case  of 
shore  or  tide  lands  for  commercial  purj)oses  in  a  now  territory)  the  fir-r 
one  in  possession  will  be  entitled  to  hold  such  possession  and  have  the 
first  right  to  enter  tlie  same  Mhen  a  metliod  for  entry  and  purchase  i-' 
provided  by  law.  But  in  case  of  mineral  lands,  a  method  by  location  and 
development  is  provided  by  law,  and  mines  can  be  acquired  only  by  that 
method.  Hence  a  location  in  due  form  sliould  be  made  and  no  reliance 
placed  upon  mere  possession  ('•?). 


(1)  McCowan  vs.  McLay,  40  Pac.  Rep.  602. 

(2)  CarroU  vs.  Price,  81  Feil.  Rep.  (District  Court  Alaska)  137. 


LEEHEY  S   MINING    CODE. 


67 


CHAPTER  XXII. 

RIGHTS   AND    PROPERTY    IN   MINING   CLAIMS,   AND    LEASE   AND    SALE 

THEREOF. 

United  States  Law. 

Sec.  2322,  Kev.  Stats. — "  The  locators  of  all  mining  locations  hereto- 
fore made  or  which  shall  hereafter  be  made,  on  any  mineral  vein,  lode,  or 
ledge,  situated  on  the  public  domain,  their  heirs  and  assigns,  where  uo 
adverse  claim  exists  on  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  so  long  as  taey  comply  with  the  laws  of  the  United  States, 
and  with  state  territorial  and  local  regulations  not  in  c^onflict  with  the  laws 
of  the  United  States  governing  their  possiessiory  title,  shall  have  the  ex- 
clusive right  of  possession  and  enjoyment  of  all  the  surface  included  within 
tlie  lines  of  their  locations,  and  of  all  veins,  lodes  and  ledges  throughout 
their  entire  depth,  the  top  or  apex  of  which  lies  inside  of  such  surface 
hnes  extended  downward  vertically,  although  such  veins,  lodes,  or  ledges 
may  so  far  depart  from  a  perpendicular  in  their  course  down—ard  as  to 
extend  outsiide  the  vertical  side  lines  of  siich  surface  locations.  But  their 
right  of  possession  to  such  outside  parts  of  such  veins  or  ledges  shall  be 
confined  to  such  portions  thereof  as  lie  between  vertical  planes  drawn 
downward  as  above  described,  through  the  end  lines  of  their  locations, 
so  continued  in  their  own  direction  that  such  planes  will  intersect  such 
exterior  parts  of  such  veins  or  ledges.  And  nothing  in  this  section  shall 
authorize  the  locator  or  possessor  of  a  vein  or  lode  which  extends  in  its 
downward  course  beyond  the  vertical  lines  (jf  his  claim  to  enter  upon  the 
surface  of  a  claim  owned  or  possessed  by  another." 

Sec.  2336. — ''  Where  two  or  more  veins  intersect  or  cross  each  other, 
priority  of  title  shall  govern,  and  such  prior  location  shall  be  entitled  to 
all  ore  or  mineral  contained  within  the  space  of  intersection;  but  the 
subsequent  location  shall  have  the  right  of  way  through  the  sjtace  of  inter- 
section for  the  purposes  of  the  convenient  working  of  the  mine.  And 
whore  two  or  more  veins  unite,  the  oldest  or  prior  location,  shall  take  the 
vein  below  the  point  of  union,  inehiding  all  the  space  of  intersection." 

Washington  Law. 

Sec.  3152.  Bal.  Code  (quoted  in  full  at  page  ]5  ante)  provides,  with 
reference  to  lode  claims,  among  other  things,  that  the  end  lines  of  such 
claims  ihall  be  parallel  to  each  other. 

Sec.  3153. — "  The  locators  of  all  mining  locations  heretofore  made, 
or  herea^fter  made  under  the  provisions  of  this  article,  on  any  mineral 


€8 


leehey's  mining  code. 


! 

i 

i'      * 

I'l 

H 

'li 

^ 

1 

* 

i 

! 

I        1 

i 


•  h 


^.     H 


li 


\ein,  lode  or  ledge  on  the  puljlic  domain,  and  their  heirs  and  assigns,  so 
long  as  they  comply  with  the  laws  of  the  United  States  and  the  state  and 
local  laws  relating  thereto,  shall  have  the  exchisive  right  to  the  posses- 
sion and  enjoyment  of  all  surface  included  within  the  lines  of  tlioir 
location,  and  of  all  veins,  lodes  and  ledges  throughout  their  entire  depth, 
and  the  top  or  a])ex  of  which  lies  M'ithin  the  surface  lines  of  such  locatioi., 
extending  downward  vertically,  although  such  veins,  lodes  or  ledges  may 
so  far  depart  from  the  i)erpendicular  in  their  course  downward  as  to  ex- 
tend outside  of  the  vertical  side  line  of  said  surface  location." 

Sec.  3157,  Bal.  Code  ])rovides-  among  other  reqnirements  that  "all 
location  notices,  honds,  a-signments,  and  transfers  of  mining  claims  shall, 
he  recorded  in  the  ollice  of  the  County  Auditor  of  the  county  where  the 
same  is  situated,  witlvin  thiity  days  after  the  execution  thereof."  In  so 
far  at  least  as  this  section  ait'ects  location  notices  it  has  been  re[)ealed  by 
the  Act  of  1899  quoted  in  this  hook.  The  only  effect  of  a  failure  to  so 
record  ''bonds,  as.<ignments  and  transfers"  would  be  to  invalidate  the 
same  as  to  any  suhsecjuent  purchasers  or  incumbrancers  in  good  faith 
for  value  without  actual  notice,  and  would  in  no  manner  affect  such  con 
tracts  as  between  the  parties  thereto,  or  as  to  any  one  having  actual  notice 
thereof. 

MINING  CLAIMS  ARE  PEOPERTY,  and  as  such  are  the  subject 
of  levy  and  sale  ujxdi  execution.  lUit  under  Sec.  5132,  Bal.  Code,  which 
makes  a  judgment  i  lien  upon  the  "real  testate"  of  the  debtor,  a  general 
judgment  is  not  of  itself  a  lien  on  a  mining  claim — a  mere  location.  To 
make  it  such  there  must  ].»e  an  actual  levy  of  execution  (1).  It  would  ol' 
cou'>e  be  a  lien  if  patent  therefor  had  issued  to  the  debtor  or  his  grantor. 

MINING  LOCA  .  IONS  ARE  NOT  COMMUNITY    PROPICRTY 
— 'Mining  claims,  mere  locations,  prior  to  patent  and  the  payment  of  any 
money  therefor,  are  not  community  j)roperty,  but  are  the  se])arate  ])rop- 
erty  of  the  locator  or  his  assignee.     A  wife  is  not  entitled  to  dower  in 
ail  uni)atented  mining  claim,  and  hence  it  follows  that 

HUSBAND  AND  V.IEE,  as  such,  have  no  interest  whatever  in  the 
ininvng  locations  made  by  the  other  (2).  This  remark  applies  to  both 
Washington  and  Ala.-ika.  In  either  the  cli'''n  }nay  be  transferred  by  tin 
dfccd  of  the  spouse  holding  the  legal  title. 

REPRESENTA'i'lOXS  made  l)y  a  party  concerning  the  characrc: 
and  existence  of  a  mine  for  the  ]uirposc  of  securing  a  ptirchaser  therefoi 
are  admissable  in  evidence  in  an  action  brought  by  a  purchaser  against 
the  ]>arty  making  the  statements  to  recover  money  paid  on  the  pur- 

(1)  Phoenix  Mngr.  Co.  vs.  Scott,  30  Wash.  48;    54  Pac.  Rep.  7T7. 

(2)  Black  vs.  Blkhorn  Mug.  Co.,  163  U.  S.  445;    16  Sup.  Ct.  Rep.  1101. 


LEEHEY  S   MISINCJ    CODE. 


69 


uui  as.siii;ns,  so 


I'  his  ifraiiLor. 


cliii?e  price,  even  tliough  the  representation.'?  were  ina<le  to  third  parties^ 
arfi  in  such  an  action  the  liability  to  repay  ?noney.s  so  paid  on  a  salo 
obtained  tlirongh  fraud  is  a  con^niunity  liability,  and  the  community 
estate  of  Inij-band  and  wife  is  liable  (H). 

LEASES  for  a  longer  period  than  one  year  should  be  in  writing  and 
it  is  Avell  to  have  the  same  recorded.  Jionds  for  deeds  and  options  to 
purchase  nnist  be  in  writing  and  should  al.>*o  be  recorded.  It  is  not  the 
purpose  of  this  work  to  treat  leases,  bonds,  options  or  sales  at  any  lengtli, 
ior  this  would  involve  an  extended  ex.aminatifm  of  the  laws  of  contracts 
and  the  diJfercnt  siate  statutes  upon  the  same.     However 

FORMS,  for  Mining  Lease  (lode),  Option.  Mining  Ijcase  and  Option 
together  (placer),  Bond  for  Deed  and  so-called  Urubstake  Contract  are 
submitted  in  Forms  Nos.  10,  11,  12,  13  and  14.  Appendix  A. 

OPTIONS  to  purchase  are  usually  given  witli  leases,  and  bonds  for 
deeds  are  common.  They  amount  to  practically  the  same.  The  law 
as  to  such  contracts  when  applied  to  mines  differs  materially  from  that 
applied  to  other  real  estate,  most  notably,  however,  in  that  time  is  of  the. 
essence  of  every  contract  to  purchase  mines,  wlietber  so  stated  in  the 
contract  or  not,  and  an  option  given  a  party  to  purchase  a  mine  can  be 
specifically  enforced  against  the  person  giving  it  although  there  is  no 
corresponding  obligation  on  the  other  party  to  purchase,  and  hence  no 
m uKiuli ty  i n  the ,  contract  (4) . 

A  DEED  is  necessary  to  pass  title  to  a  mining  claim,  for  the  courts 
now  treat  such  property  as  real  estate.  F\)rmerly  it  was  held  that  a 
written  conveyance  was  unnecessary,  .but  that  rule  seems  to  have  been 
af)fuidoned  (5).  The  mineral  rights  may  be  transferred  and  surface 
reserved  or  vice  versa. 

GIIUBSTAKF]  contracts  are  common  and  so  well  understood  that 
little  nientioii  need  be  made  of  the  sanu^  here.  They  need  not  be  in 
writijig  (G).  Such  contracts,  properly  speaking,  apply  only  to  pros- 
pecting or  search  for  minerals.  A  partv-who  Ux'ates  a  mine  in  his  own 
name  while  he  is  actually  working  under  a  grubstake  contract  will  hold 
the  title  as  trustee  for  the  other  party  to  the  contract.  When  parties 
aftually  engage  in  mining  a  claim,  a  mining  })artnership  is  formed, 

RIGHTS  OF  LOCATOR  WITIIIX  THE  CLAIM.— Within  the 
lines  of  each  lowation  the  owner  has  not  only  the  right  to  the  exclusive 
l)o«Jse88ion  of  the  surface,  but  may  be  regarded  as  liaviiig  the  sole  right  to 

(3)  Oudln  vs.  Crossman,  15  Wash.  519;  46  Pac.  Rep.  1047.  An  action  to  recover 
a  broker's  commission  on  a  sale  of  a  mine  Is  also  decided  In  Bishop  vs.  Averlll,  17 
Wash.  209. 

(4)  Llndley  on  Mines,  Sec.  859.      (5)    Same  authority,  Sec.  642. 
(6)    Raymond  vs.  Johnson,  17  Wash.  232;    49  Pac.  Rep.  492. 


70 


lbehky's  mining  code. 


llMi 


r!  1 

1 
"i 


all  mineral  that  may  be  found  beneath  the  surface  until  some  one  can  show 
a  clear  title  to  it  as  a  part  of  some  lode  or  vein  having  its  top  or  apex  in 
other  territory.  In  other  words,  there  is  a  presumption  of  ownership 
in  every  locator  as  to  the  territory  covered  by  his  location,  and  where 
other  parties  enter  such  territory,  they  are  prima  facie  trespassers  (7). 
The  burdi  a  is  upon  them  to  show  that  they  are  rightfully  there. 

EXTRALATERAL  RIGHTS.— By  this  term  is  meant  the  right  of 
the  locator  of  a  valid  claim  to  follow  his  vein  on  its  dip  beyond  the  ver- 
tical plane  of  the  side  line  of  his  claim.  No  branch  of  mining  law  haa 
given  rise  to  more  extensive  litigation  than  the  question  of  extralateral 
rig]its.  We  can  here  give  only  a  brief  outline  of  the  present  status  of 
the  law. 

POSSESSION  OF  APEX  NECESSARY.— Only  such  veins  can  be 
f'.)llo\ved  beyond  the  side  lines  as  have  their  apex  within  the  surface 
granted  to  the  claimant.  A  |>atent  cannot  grant  the  vein  and  exclude 
the  surface  in  which  it  aj)exes.  It  is  void  as  to  the  portion  of  the  veia 
so  aitempeted  to  be  granted  (8). 

PARALLELISM  OF  END  LINES  NECESSARY.— For  the  exer- 
cise of  extralateral  rights  it  is  necessary  that  the  end  lines  of  the  claim 
should  be  parallel.  Hence  it  has  been  held  that  a  triangular  claim  ha.5 
no  extralateral  rights  (9). 

APEX  CROSSING  BOTH  SIDE  LINES.— For  the  exercise  of  the 
right  to  follow  a  vein  beyond  a  side  line,  the  direction'  of  the  apex  should 
be  along  the  course  of  tlie  claim  and  not  transversely  to  it.  Hence 
wJ.oif  the  apex  crosses  both  side  lines,  it  has  been  held  that  the  side 
lines  become  end  lines  and  terminate  the  claimant's  right  in  that  direc- 
tion (10).  In  that  case  if  the  claimant  has  any  extralateral  right  it  is 
tc  follow  the  vein  on  its  dip  under  the  end  line. 

APEX  CROSSING  A  SIDE  LINE  AND  AN  END  LINE —Where 
llv.  apex  crosses  one  end  line  and  one  side  line,  the  claimant  can  follow 
his  vein  on  its  dip  between  ttie  vertical  plane  of  the  end  line  crossed  by 
the  ape.c  and  a  }>arallel  plaiu»  drawn  through  the  point  where  the  apex 
crosses  the  side  line  (11). 

CONFLICT  UPON  THE  SURFACE.— Where  two  locations  conflicr 
upon  tiie  surface,  the  prior  location  takes  the  area  in  conflict.  But  il 
the  junior  locator  apply  first  for  patent  and  include  in  his  application  the 

I         >■     >      (I       !'■      .     ■  

(7)  Cheeseman  vs.  Shi-eve,  37  Fed.  Rep.  36, 

(8)  M.  O.  P.  Co.  vs.  B.  &  M.  Co.,  20  Mont.  3.36;    51  Pac.  Rep.  159. 

(9)  Montana  Co..  Ltd.,  vs.  Clark,  42  Fed.  Rep.  626. 

(10)  King  vs.  Amy  &  S.   Co.,  152  U.  S.  222;     14  Sup.  Ct.   Rep.  510. 

(11)  Del  Monte  Mng.  Co.  vs.  Last  Chance  Mng.  Co.,  171  U.  S.  65;  18  Sup.  Ct, 
Rep.  895. 


LEEHEY  S   MINING   CODE. 


71 


»ne  can  show 


area  in  conflict,  it  is  necessary  for  the  prior  locator  to  adverse  the  applica- 
tion; otherwise  the  patent  will  convey  to  tlie  junior  locator  a  good  title 
to  the  area  in  conflict. 

Where  two  locations  conflict  upon  the  surface  and  the  prior  location 
is  abandoned  or  becomes  forfeited,  the  ground  in  contlict  does  not  pasa 
to  the  junior  locator.  If  the  latter  desires  to  acquire  title  to  the  area 
in  conflict  after  the  forfeiture  or  abandonment  of  the  elder  location,  he 
should  relocate  his  claim.  Othenvise  the  resuniption  of  work  on  the 
prior  location  will  revive  it  in  its  entirety,  including  the  ground  in  con- 
flict (12). 

THE  SPACE  OP  INTERSECTION,  in  case  of  cross  lodes,  men- 
tioned in  Sec.  2336,  Eev.  Stats.,  has  been  held  by  the  more  recent 
authorities  to  mean  the  intersection  of  the  claims,  and  not  the  intersec- 
tion of  tho  veins.  Hence,  the  prior  location  will  in  such  cases  take  all 
the  cross  vein  within  its  own  lines;  and  t'liy  statement  that  the  junior 
locator  has  a  "right  of  way  through  the  space  of  intersection"  means 
sJDiply  that  he  has  a  right  of  way  througli  the  claim  of  the  prior  locator, 
and  no  more  (13). 


(12)  Johnson  vs.  Young,  34  Pac.  Rep.  (Coli.)  173;  Oscamp  vs.  Chrystal  River 
Mng.  Co.,  58  Fed.  Rep.  293;    7  C.  C.  A.  233. 

(13)  Calhoun  Gold  Mng.  Co.  vs.  Ajax  Gold  Miigr.  Co.,  59  Pac.  Rep.  (Colo)  607. 
Action  on  Injunct'on  bonds  in  mining  litigation,  see  Donahue  vs.  Johnson,  9  Wajh. 
187;    37  Pac.  Rep.  322. 


18  Sup.  Ct 


r 

1  'I ; 

APPENDIX 


APPENDIX  A. 

FOKMS    FOR   GENERAL    USE. 

Form  No.  i— Notice  of  Lode  Location  for  Posting  on  Ciaim.— Washington. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  have  dis- 
covered on  this  date  at  the  place  where  this  notice  is  posted,  a  vein  or  lode 
of  quartz  or  other  rock  in  place  bearing  gold  and  other  valuable  mineral 
deposits,  and  hereby  locate  and  claim  the  same  as  the  "Rainier"  Lode  Mining 
Claim.  The  general  course  of  the  vein  so  far  as  can  be  now  ascertained  is 
north  and  south,  and  the  undersigned  claim  1000  feet  in  a  southerly  direction 
and  500  feet  in  a  northerly  direction  along  the  course  of  said  vein  or  lode 
from  the  said  point  of  discovery  where  this  notice  is  posted,  and  a  total 
width  of  iWO  feet,  or  300  feet  on  each  side  of  the  center  of  said  vein. 
Notice  dated  and  posted  this  23rd  day  of  May,  A.  D.  1900. 

RICHARD  HUGHES, 
DAVID  HARUM. 

Locators  and  Claimants. 


Form  No.  2— Notice  of  Lode  Location  for  Record.— Washington. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  have  dis- 
covered at  the  place  herein  stated  a  vein  or  lode  of  quartz  or  other  rock  in 
place  bearing  gold  and  other  valuable  mineral  deposits,  rnd  after  such  dis- 
covery, on  May  23rd,  1900,  located  and  claimed  the  same  as  the  "Rainier" 
Lode  Mining  Claim,  and  on  said  date  posted  on  said  claim  at  the  point  of 
discovery  a  notice  in  writing  stating  the  name  of  the  lode  and  of  the  locators 
and  the  date  of  discovery,  and  thereafter  marked  the  surface  boundaries  of 
the  claim  so  located  by  placing  firmly  in  the  ground  at  each  corner  of  said 
<  iaim  a  substantial  post  or  stone  monument  not  less  than  three  feet  high  and 
four  inches  in  diameter,  each  bearing  the  name  of  the  lode  and  the  date  of 
the  location. 

The  general  course  of  the  vein  or  lode  so  located  is  north  and  south,  and 
the  total  length  of  surface  claimed  by  said  location  is  1500  feet,  the  same 
lieing  1000  feet  in  a  southerly  and  500  feet  in  a  northerly  direction  from  the 
point  of  discovery  and  the  center  of  the  discovery  shaft  at  which  the  notice 
of  location  was  posted,  and  the  total  width  claimed  is  600  feet,  the  same  being 
WQ  feet  on  each  side  of  the  center  of  said  vein  or  lode. 

The  said  claim  is  situated  in  the  Miller  River  Mining  District  in  King 
County,  Washington,  about  eight  miles,  southwest  of  the  station  of  Skykomish 
on  the  line  of  the  Great  Northern  Railway,  and  about  one  mile  above  the 
l)lace  where  .Fiction  Creek  flows  into  Miller  River,  and  is  within  Township 

0  h 


i         ! 


ji'l 


'I-  I 


i 


74 


I.KKHKYS    MIXINO    CODK. 


25  North  of  Range  11  East,  and  the  diacovery  shaft  on  said  claim  is  situated 
300  feet  north  and  270  feet  west  of  the  southeast  corner  of  Section  19  in  said 
township,  and  the  location  Is  so  distinctly  marked  on  the  ground  that  Its 
boundaries  can  be  readily  traced.  As  the  northwest  portion  of  salQ  claim 
is  covered  with  brush  and  trees,  the  trees  have  been  marked  and  blazed  and 
the  brush  cut  along  the  north  end  and  west  side  lines  of  said  claim  in  such 
manner  as  to  Indicate  the  location  of  such  lines. 

At  the  point  of  discovery  on  said  claim  where  the  notice  of  location  was 
posted,  the  untlersigned  have  sunk  a  vertical  shaft  to  the  depth  of  more  than 
ten  feet  from  the  lowest  part  of  the  rim  of  such  shaft  on  the  surface,  which 
shaft  is  ten  feet  in  length  along  the  vein  and  six  feet  wide,  and  shows  a 
well  defined  crevice  and  valuable  deposit  of  ore. 

The  undivided  interests  owned  in  said  claim  by  the  undersigned  locators 
are  indicated  by  the  fractions  set  opposite  the  name  of  each. 

RICHARD  HUGHES.         ?; 
DAVID  HARUM.  % 

State  of  Washington,  County  of  King,  ss: 

Richard  Hughes,  being  first  duly  sworn,  says:  That  he  is  one  of  the 
locators  and  claimants  named  in  and  who  executed  the  foregoing  notice,  and 
is  the  person  who  located  the  mining  claim  therein  described;  that  said  loca- 
tion was  made  in  good  faith;  that  he  has  read  the  foregoing  instrument  and 
knows  the  contents  thereof,  and  that  all  the  statements  therein  contained 
are  true. 

RICHARD  HUGHES. 

Subscribed  and  sworn  to  before  me  this  3rd  day  of  July,  A.  D.  1900. 

J.  P.  GLEASON. 

Notary  Public  for  Waahlngton,  residing  at  Seattle. 

NOTE.— The  dpscriplion  of  the  location  of  the  claim  given  in  the  forefr?(:ie:  N 
merely  for  the  purpose  of  Illustration.  It  Is  not  often  that  the  section  numbers, 
or  perhaps  eren  the  township  or  range  numbers  can  be  ascertained,  but  If  no' 
tb^n  care  must  be  taken  to  secure  a  definite  measurement  of  some  initial  point  on 
the  claim  from  some  well  known  natural  object  or  permanent  monument.  If  tli.^ 
notice  states  nothing  as  to  the  interest  taken  by  each  claimant,  it  will  be  pre- 
sumed that  they  take  equal   undivided  interests. 

Form  No.  3— Notice  of  Lode  Location  for  Both  Posting  and  Record 

In  Alaska. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  have  dis- 
covered at  the  place  where  this  notice  is  posted  on  this  23rd  day  of  May. 
A.  D.  1900,  a  vein  or  lode  of  quartz  or  other  rock  in  place  bearing  gold  and 
other  valuable  mineral  deposits,  and  hereby  locate  and  claim  the  same  as 
the  "Seward"  Lode  Mining  Claim.  The  general  course  of  the  vein  or  lod^^ 
as  far  as  the  same  can  be  now  ascertained  is  east  and  west,  and  the  under- 
signed hereby  locate  and  claim  the  same  1000  feet  in  an  easterly  and  500  feet 
in  a  westerly  direction  from  the  point  of  discovery  where  this  notice  is  posted. 
and  a  total  width  of  600  feet,  the  same  being  300  feet  on  each  side  of  tli- 
center  of  the  said  vein. 

Notice  dated  and  posted  this  date  herein  above  written. 

WILLIAM  SWEENEY, 

S.  R.  CLEMERSON. 

Post   the   foregoing   on   the   claim   at  the  time  of  the  discovery.    Then  for  th^ 
notice  to  be  recorded,  add  the  following  paragraph  to  the  foregoing-: 


ArPKNDIX. 


7« 


ned  locators 


"The  said  claim  is  situated  In  the  Eureka  Mining  Diatrict  on  Prince  of 
Wales  Island,  Alaska,  one  and  one-half  miles  due  south  of  the  townslte  and 
harl)or  of  Gowen  on  said  island,  and  is  so  dlstinitl\  marked  upon  the  ground 
that  its  boundaries  can  be  readily  traced,  as  tollows:  Beginning  at  the 
southeast  corner  of  the  said  claim,  which  is  marked  by  a  granite  boulder 
about  seven  feet  high  and  ten  feet  in  diameter,  situated  about  GOO  feet  north- 
west from  the  bridge  across  Imaginary  Creek  on  the  Revilla  road,  and  which 
boulder  is  marked  "S.  E.  Cor.  No.  1,  Seward  Lode  Claim,"  and  running  thence 
west  1500  feet  to  a  post  marked  "S.  W.  Cor.  No.  2,  Seward  Lode  Claim,"  run- 
ning th  "lice  north  «00  feet  to  a  post  marked  "N.  W.  Cor.  No.  3,  Seward  Lode 
Claim,"  running  thence  east  1500  feet  to  a  post  marked  "N.  B.  Cor.  No.  4, 
Seward  Lode  Claim. '  and  thence  south  600  feet  to  the  place  of  beginning,  all 
of  which  posts  ar^-  not  less  than  four  inches  In  diameter  and  four  feet  high, 
set  firmly  into  the  ground,  with  a  mound  of  earth  and  stone  about  four  feet 
in  diameter  and  (wo  feet  high  around  each  post. 

Dated  this  4th  day  of  June,  A.  D.  1900. 

WILLIAM  SWEFNBY. 
S.  R.  CLEM  LARSON. 
Signed  in  the  presence  of: 

WM.  D.  HARPER, 

A.  P.  SWINEBURNE, 

Witnesses. 

NOTE.— The  foregoing  is  subject  to  modllicatl'n  by  the  reaulremonts  which 
may  be  ma<Je  by  the  local  rules  In  the  various  minInK  districts.  There  Is  no  method 
by  which  a  form  can  be  submitted  for  use  in  every  mining  district  now  or  hereafter 
organized.  One  locating  mines  In  any  siifh  district  should  fully  inform  himself  as 
to  the  rules  of  that  district  and  caret'uliy  follow  the  =nrne.  Tlic  foregoing  form 
can  readily  be  adapted,  but  perhaps  not  always  adopted  for  u.se.      See  ante,  p.  34. 


Form  No.  4— Notice  of  Location  of  Placer  Claim,  Recommended  lor  Use 
in  Washington  and  Alaska  for  Both  Posting  on  the  Claim  and  Record. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  have  on 
this  23rd  day  of  May,  A.  D.  1900,  discovered  at  the  place  where  this  notice 
is  posted,  a  valuable  placer  deposit  bearing  gold  and  other  valuable  minerals, 
and  we  do  hereby  locate  and  claim  the  same  as  the  "Dewey  Placer  Mining 
Claim." 

If  on  surveyed  lands,  add: 

"The  said  claim  is  situated  in  the  Moorish  Basin  in  Lopez  Island,  San 
Juan  County,  Washington,  and  the  tract  hereby  claimed  and  located,  and 
upon  which  such  discovery  has  been  made  and  this  notice  posted,  is  the  S.  ^ 
of  the  N.  E.  i/i  of  the  N.  W.  %  of  Section  23,  in  Township  35  North  of  Range 
2  West,  comprising  twenty  acres  in  all." 

If  on  unsurv>>ved  lands,  the  second  paragraph  should  describe  similar  to  the 
following: 

"The  said  claim  hereby  located  is  a  tract  of  land  660  feet  wide  and  ex- 
tending in  a  northeasterly  direction  1320  feet  along  the  northwesterly  bank  of 
what  is  known  as  Foster  Creek,  in  Bonanza  Mining  District,  on  the  Sumner 
Peninsula  of  Alaska.  Tlie  point  of  discovery  on  said  claim  at  which  this 
notice  is  posted  is  situated  on  said  northwesterly  bank  of  said  creek  1600  feet 
above  the  place  where  said  creek  flows  into  the  Dayton  River,  and  said  dis- 
covery is  distant  from  said  bank  29  feet  and  is  marked  oy  a  post  five  inches 


I 

) 

I  I' 


76 


LKKIIEY8    MINING    CODK. 


I 


I 


in  (Uameter  and  eight  feet  high,  set  firmly  into  the  gioiiiid  with  a  mound  ol' 
earth  and  stone  fonr  feet  in  diameter  and  three  feet  high  almiit  said  post, 
which  is  marlted  "Discovery  Post,  Dewey  Placer,  May  23.  1900."  and  run- 
ning thence  on  a  line  parallel  with  said  northwesterly  bank  of  said  creek  H"> 
feet  to  the  lower  end  of  said  placer  claim;  thence  southeasterly  toward  th<' 
said  stream  to  the  southernmost  corner  of  said  claim,  a  point  in  said  stream 
marked  by  a  rock  in  place  ten  feet  in  diameter,  rising  about  eight  feet 
above  the  bed  of  said  creek  and  marked  "Cor.  No.  1,  Dewey  Placer";  thence 
in  a  northeasterly  direction  following  in  a  general  way  the  course  of  said 
creek  1320  feet  to  the  easternmost  corner  of  said  claim,  which  is  marked 
by  a  blazed  pine  tree  on  the  opposite  or  southeasterly  bank  of  said  stream, 
which  tree  is  blazed  on  the  south  and  west  and  marked  "Cor.  No.  2,  Dewey 
Placer";  thence  in  a  northwesterly  direction  at  right  angles  to  the  said  creek 
660  feet  to  the  northernmost  corner  of  said  claim,  which  is  marked  l)y  a  post 
four  Inches  in  diameter,  five  feet  high,  set  firmly  into  the  ground  and  marked 
"Cor.  No.  3,  Dewey  Placer";  thence  in  a  southwesterly  direction  parallel  to 
and  660  feet  distant  from  the  center  of  said  creek  1320  feet  to  the  west- 
ernmost corner  of  said  claim,  a  pdint  marked  by  a  post  four  inches  in 
diameter  and  five  feet  high,  set  firmly  into  the  ground  and  marked  "Cor. 
No.  4,  Dewey  Placer";  thence  in  a  southeasterly  direction  660  feet  to  Corner 
No.  1  of  said  claim  herein  described." 

Notice  dated  and  posted  this  23rd  day  of  May,  A.  D.  1900. 

FRANK  P.  VAN  ORSDEL. 

JOHN  LEWIS. 

HERBERT  KENNEDY. 

NOTES    ON    FORMS. 

IN  AVASHINGTON  It  is  required  that  the  notice  posted  on  the  claim  shall 
contain  a  description  of  the  cialm  by  reference  to  the  legal  subdivisions,  If  on  sur- 
veyed land,  and  to  natural  objects  or  permanent  monuments  if  upon  unsurveyed 
lands.  This  would  seem  to  require  that  the  corners  be  definitely  established  if  not 
actually  located  and  marked  before  the  notice  is  posted.  In  order  that  a  proper 
reference  to  tb.e  same  may  be  made  in  the  notice.  It  is  also  rpQulred  in  Washing- 
ton that  this  notice  be  recorded  within  thirty  days,  and  that  within  sixty  days  at 
least  ten  dollars'  worth  of  work  for  each  twenty  acres  or  fractional  part  shall  be 
expended  in  dovelopinR  the  claim,  and  that  upon  the  performance  of  such  work  or 
labor  an  aftldavit  thereof  shall  be  filed.  This  last  Is  of  course  not  mandatory, 
and  if  the  work  was  actually  done,  it  could  be  proven  by  oral  testimony. 

IN  AI>ASK>.  of  course  the  details  just  recited  are  not  required,  but  the  loca- 
tor must  (irst  familiarize  himself  with  the  local  rules  of  the  district  and  carefully 
follow  the  same.  The  form  just  Riven  meets  all  usual  requirements,  and  will 
perhaps  be  found  sufficient  to  meet  every  requirements  of  each  district.  "While  it 
contains  some  statements  that  may  not  be  required,  yet  the  prudent  locator  will 
omit  nothing  that  is  therein  suggested. 


Form  No.  5— Notice  of  Tunnel  Location,  for  Posting  at  the  Face  of  Tun- 
nel; Recommended  for  Use  Both  in  Washington  and  Alaska. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  have  on 
this  1st  day  of  February,  A.  D.  1899,  located  a  tunnel  for  the  purpose  of 
discovering,  developing  and  working  lodes  and  valuable  deposits  along  the 
line  thereof  as  herein  descrilied,  which  tunn>?l  is  named  the  "Honolulu  Min- 
ing Tunnel."  and  is  to  he  eight  feet  in  height  and  six  feet  in  width,  and  the 
claim  hereby  located  extends  three  thousand  feet  in  a  southwesterly  direction 
from  the  face  of  the  tunnel  where  this  notice  is  posted,  which  face  or  mouth  of 
said  tunnel  is  situated  on  the  west  bank  of  Hoosier  Creek,  1800  feet  north  of 


APPKNDIX. 


77 


1  mound  ot 

snid  post, 
'  and  run- 
Id  creek  H'. 
toward  th< 
aid  stream 

eight  feel 
er";  thence 
rse  of  said 

is  marlced 
aid  stream. 
0.  2,  Dewey 
;  said  creek 
d  by  a  post 
ind  marked 

parallel  to 
0  the  west 
•  inches  in 
irked  "Cor. 
t  to  Corner 


DEL. 


claim    shall 

IS,  if  on  sur- 

unsurveyed 

Ushed  If  not 

t  a  proper 

n  Washing- 

xty  days  at 

rt  shall  bi" 

c'h  work  or 

mandatory, 

y. 

ut  the  loca- 
d  carefulh 
and  will 
While  it 
locator  will 


ts, 


ce  of  Tun- 
iska. 

e  (or  have 
s,  have  on 
purpose  of 

along  the 
olulu  Min- 
h,  and  th" 
y  direction 
r  mouth  of 

t  north  of 


the  Great  Northern  Railway  bridge  over  said  creek,  in  Snohomish  County, 
Washington. 

The  uuflersigned  intend  to  prosecute  the  construction  of  the  said  tunnel 
with  due  diligence  and  to  claim  and  locate  all  veins,  lodes  and  valuable 
mineral  deposits  discovered  in  said  tunnol  along  the  line  thereof,  to  the 
extent  of  ttfteen  hundred  feet  in  length  along  flU(!h  veins  or  lodes  and  three 
hundred  feet  in  width  on  each  side  thereof. 

Notice  dated  and  posted  this  date  above  written. 

DANIEL  POWERS, 
LEE  D.  MAURICE, 

Locators  and  Claimants. 

Form  No.  6— Notice  of  Tunnel   Location,   for  Record;  Recommended  for 
Use  Both  In  Washington  and  Aiasita. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned,  who  are  (or  have 
declared  their  intention  to  become)  citizens  of  the  United  States,  did  on 
February  Ist,  A.  D.  1899,  locate  the  "Honolulu  Mining  Tunnel"  by  posting 
at  the  face  of  said  tunnel  a  notice  In  writing  which  contained  the  name  of 
said  tunnel  of  the  undersigned  locators,  described  said  tunnel  by  stating 
its  dimensions  and  general  course,  and  stated  the  course  and  distance  of 
the  face  of  said  tunnel  from  a  well  known  natural  object  and  permanent 
monument. 

The  said  tunnel  is  to  be  eight  feet  in  height  and  six  feet  in  width  and  is 
to  be  extended  in  a  southwesterly  direction  three  thousand  feet  from  the  face 
or  point  of  commencement  thereof  whereon  said  notice  was  posted  as  afore- 
said, and  said  face  or  point  of  commencement  is  situated  on  the  west  bank 
of  Hoosier  Creek,  eighteen  hundred  feet  north  of  the  Great  Northern  Railway 
bridge  over  said  creek,  in  Mammoth  Mining  District,  Snohomish  County, 
Washington;  the  course  or  line  of  said  tunnel  is  so  distinctly  marked  on 
the  ground  by  means  of  posts  and  blazed  trees  that  it  can  be  readily  traced. 

The  undersigned  intend  to  prosecute  the  construction  of  the  said  tunnel 
with  due  diligence  and  to  claim  and  locate  all  veins,  lodes  and  mineral 
deposits  discovered  in  said  tunnel  along  the  line  thereof  to  the  extent  of 
fifteen  hundred  feet  In  length  along  such  veins  or  lodes  and  three  hundred 
feet  in  width  on  each  side  thereof. 

Dated  this  14th  day  of  February,  A.  D.  1899. 

LEE  D.  MAURICE. 
DANIEL  POWERS. 
State  of  Washington,  County  of  King,  ss: 

Lee  D.  Maurice,  being  first  duly  sworn,  says:  That  he  is  one  of  the 
locators  and  claimants  named  in  the  foregoing  Notice  of  Tunnel  Location; 
that  said  location  was  made  in  good  faith  and  for  the  purposes  therein  stated; 
that  said  claimants  have  expended  already  on  said  tunnel  the  sum  of  $200.00, 
and  have  extended  the  same  the  distance  of  twenty-six  feet,  and  it  is  their 
bona  fide  intention  to  prosecute  the  work  on  said  tunnel  with  all  reasonable 
rtiligence  for  the  discovery  and  development  of  veins  and  lodes  therein; 
that  affiant  has  read  and  knows  the  contents  of  the  foregoing  Notice,  and 
the  same  are  true  of  his  own  knowledge.  LEE  D.  MAURICE. 

Subscribed  and  sworn  to  before  me  this  14th  day  of  February,  A.  D.  1900. 

J.  P.  GLEASON, 
Notary  Public  for  Washington,  residing  at  Seattle. 


78 


i,i:kip;y  s  minin*;  codk. 


Forn  No.  7— Notice  of   Appropriation  of  Water;  Recommended   for   Use 
Both  In  Washington  and  Alaska. 

NOTICE  IS  HEREBY  GIVEN:  That  the  undersigned  did  on  May  3rd. 
A.  D.  1900,  locate,  appropriate  and  claim  ten  cubic  feet  of  water  per  second 
of  time  of  the  waters  of  Papoose  Creek,  lying,  being  and  flowing  over  Sec- 
tion 26  of  Township  34  North  of  Range  3  East,  in  Slcagit  County,  Washing- 
ton, (or  of  the  waters  of  Winston  Creek,  in  Glacier  Basin,  about  six  miles 
north  of  the  town  oi  Thornton,  in  Harris  Mining  District,  Alaska),  a*  the 
point  where  this  notice  is  posted,  which  water  is  intended  for  uee  in  mining, 
irrigation  and  for  other  beneficial  industries,  and  especially  for  use  in  the 
operation  of  the  Kensington  Placer,  now  owned  and  worked  by  the  under- 
signed, and  situated  on  the  right  bank  of  said  croek,  ab'^i  t  two  miles  below 
said  point  of  diversion  as  aforesaid.  The  said  water  is  to  be  diverted  and 
conveyed  to  said  place  by  means  of  a  dam  and  ditch,  which  ditch  la  to  be 
four  feet  wide  at  the  bottom,  six  feet  wide  at  the  top,  and  two  feet  deep,  and 
to  have  a  gra(?e  of  three  inches  to  each  one  hundred  feet  in  length,  and  the 
undersigned  hereby  claim  a  right-of-way  over  all  unappropriated  lands  of  the 
United  States  through  which  said  ditch  shall  be  built,  together  with  the  right 
to  repair  and  enlarge  the  said  ditch  whenever  and  wherever  found  necessary. 

Measured  from  the  bridge  across  said  creek  on  what.  Is  commonly  known 
as  the  Noyes  &  Upton  wagon  road,  the  point  of  diversion  whereon  this  notice 
has  been  posted  as  aforesaid  is  720  feet  up  the  said  creek  in  an  easterly 
direction. 

LEROY  AMOS, 
GUS  T.  MORGAN, 
Appropriators  and  Claimants. 

State  of  Washington,  County  of  Skagit,  ss: 

Leroy  Amos,  being  first  duly  sworn,  says:  That  he  ib  one  of  the  aiypro- 
yriators  and  claimants  named  in  and  wh«.^  executed  the  foregoing  notice; 
that  the  said  appropriation  was  made  in  goo''  faith  and  for  the  uses  and 
purposes  therein  stated;  that  a  copy  of  the  foregoing  notice,  m't  containing 
the  iast  paragraph,  however,  was  posted  in  a  conspicuous  place  at  the  point 
of  diversion  above  described,  on  May  3rd,  1900;  that  all  the  facts  stated  in 
the  for'.'gning  notice  are  true. 

LEROY  AMOS. 

Subscribed  and  sworn  to  before  me  this  10th  day  ot  May,  A.  D.  1900. 

H.  S.  CONNETR. 

Notary  Public  in  and  for  Washington,  residing  at  La  Conner,  Skagit  County. 

NOTE.— Tlie  loreproing  notice  must  be  posted  In  a  co.ispicuouR.  place  at  tlm 
point  of  iiiten(le<1  divpi-sion  or  storage,  Oi"  both,  and  in  Washington  il  must  bf  filfil 
for  record  within  ten  davs  after  posting.  The  .affldavlt  Is  not  required,  hut  in 
Washington  af  least  will  be  advisable. 


Form  No.  8— Affidavit  of  Annual  Labor. 

State  of  Washington.  County  of  Ferry,  ss: 

Tae  unde'^digned,  Thomas  Boland,  being  firs'  duly  sworn,  says;  That  he 
is  IE,:  'liar  with  the  "Wftshoe"  Lode  Minih  Claim,  situated  in  Republic 
Mining  District,  Ferry  County,  Washington,  at  tice  of  location  of  which  is 
rt'ccrded  at  page  106  of  "Volume  "A"  of  Mining  Records  of  said  county;  that 


!    (1 


AITKNDIV. 


79 


during  the  period  beginning  October  2nd  and  endinr  November  2t;tli,  1900, 
lie  performed  forty  days'  labor  of  the  reasonable  value  of  $2.50  per  day  upon 
said  mining  claim,  and  expended  thereon  in  iuiprovements  the  sum  of  $12.00; 
that  said  sork  was  done  at  the  request  of,  and  affiant  was  paid  therefor  by, 
Hugh  McDermott,  the  reputed  .^"vner  of  said  claim;  that  said  labor  and 
improvements  consisted  in  sinki?.,,  the  shaft  theretofore  sunk  on  said  claina 
to  a  depth  of  twelve  feet,  the  further  depth  of  twenty  feet,  or  to  a  total  depth 
of  thirty-two  feet,  and  in  well  and  aufficiently  timbering  the  same;  that  said 
work  was  performed  and  improvements  made  upon  the  said  claim  as  the 
annual  representation  thereof  for  the  year  1900,  and  this  affidavit  is  made  in 
proof  of  the  same,  and  for  the  purpose  of  establishing  permanent  record 
evidence  thereof  in  the  manner  provided  by  law. 

THOMAS  BOLAND. 
Subscribed  and  sworn  to  before  me,  this  3rd  day  of  December,  A.  D.  1900. 

J.  E.  MORAN, 
Notary  Public  for  Washington,  residing  at  Republic. 


Form  No.  g— Notice  to  Delinquent  Co-Owner. 

To  Richard  Pringle,  his  heirs  and  assigns: 

You  are  hereby  notified  that  during  the  year  1899  the  undersigned  have 
expended  more  than  $100  in  labor  and  improvements  upon  the  "Murphy" 
Lode  Mining  Claim,  in  Harris  Mining  District,  Douglas  Island,  Alaska,  in 
which  mining  location  you  claim  an  undivided  one-third  interest,  as  shown 
by  the  notice  of  location  thereof  of  record  at  page  32  of  Volume  3  of  the 
Mining  Reco''ds  of  said  district.  The  said  labor  was  performed  as  and  for 
the  annual  representation  of  said  claim  for  the  said  year  of  1S99,  as  required 
by  the  provisions  of  Section  '324  of  the  Revised  Statutes  of  the  United 
States,  and  the  amendment  thereto  approved  .January  22nd,  1880,  concerning 
annual  labor  upon  mining  claims,  and  the  same  was  the  amount  required  to 
hold  said  claim  for  said  year.  You  are  further  notified  that  unless  within 
ninety  days  after  the  personal  service  of  this  notice  upon  you,  or  within 
ninety  days  after  the  publication  thereof,  you  contribute  your  portion  of  such 
expenditure  as  a  co-owner,  to  wli,  the  sum  of  $33.33,  your  interest  in  the 
claim  will  be  forfeited  to  the  undersigned  co-owners  who  have  made  such 
fTpenditure,  and  will  become  their  property  in  the  manner  provided  by  law. 

Dated,  January  6th,  1900. 

E.  T.  McKINSTRY. 
ARTHUR  DU''"GAN. 

NOTE.— The  foreRoin;;-  roli-p  imist  bo  served  in  iipri?on  upon  the  delinquent 
co-owner,  or  published  in  the  newspaper  nearest  to  the  lode  claim.  If  published  In 
a  daily  paper  it  must  be  published  for  ninety  d^^ys,  and  if  in  a  weekly  for  thirteen 
weeks.  The  dellmiiient  co-owner  has  ninety  days  after  personal  service,  or  ninety 
days  after  completed  publication,  in  which  to  contribute  his  portion.  If  he  fallo 
to  do  so  a  copy  of  the  notice  of  forfeiture  should  be  filed  for  record.  When  filed  It 
should  be  accompanied  by  an  aflldavlt  of  the  paity  who  made  the  personal 
service,  or  of  the  publisher  who  piibl'shed  the  notice,  and  also  by  the  affidavit  of 
the  co-ownert.-  who  mide  the  expenditure,  to  the  effect  that  the  ninet>  days  havn 
elapsed  and  the  delinquent  co-owner  has  not  paid  or  contributed  his  share.  Tho 
followiiiK  forms  are  submitted  as  such  proofs: 


M 


!':• : 


80 


I.KKHKYS    MININii    CODK. 


Form  No.  ga. 

UnltPd  States  of  Anifrica,  District  of  Alaska,  ss: 

K.  T.  McKinstry,  Iwing  first  duly  sworn,  says:  That  iie  is  personally 
acquainted  with  Richard  Pringle,  the  delinquent  co-owner  to  whom  the  fore- 
going notice  was  directed;  that  on  January  fith,  1900,  he  personally  delivere>i 
to  said  Pringle,  in  .Juneau.  Alaska,  a  notice,  of  which  the  foregoing  is  a  copy. 
8i.s;ned  by  affiant  and  his  co'owner,  Arthur  Duggan,  as  indicated  therein. 

E.  T.  McKINSTRY. 
Subscribed  and  sworn  to  before  me,  this  fith  day  of  .January,  A.  D.  190t'. 

JOE  P.  DALY,  Notary  Public. 


ing 

the' 

Shol 

Gth.l 

Mini 


Wi-. 


Form  No.  pb. 

United  States  of  America.  District  of  Alaska,  ss: 

I^hil.  Goodwin,  being  duly  sworn,  says:  That  he  is  the  publisher  of  ^v.'- 
Douglas  Island  Terror,  a  weekly  newspaper  published  nearest  the  "Murphy" 
Lode  Mining  Claim  described  in  the  foregoing  notice:  that  the  said  notice 
was  published  in  said  newspai)er  for  fourteen  consecutive  weeks,  the  first 
publication  thereof  appearing  in  the  issue  of  January  fith.  1900,  and  the  last 
publlcat'on  thereof  appearing  in  the  issue  of  April  Vth,  A.  D.  1900. 

PHIL.  GOODWIN. 

Subscribed  and  sworn  to  before  me,  this  30th  day  of  April,  1900. 
;  JOE  P.  DALY,  Notary  Public.     ' 


it'll 

I 


Form  No.  gc. 

United  States  of  America,  District  of  Alaska,  ss: 

E.  T.  McKinstry  ami  Arthur  l~)uggan,  being  duly  sworn,  say:  That  they 
are  co-owners  of  the  •Murphy"  I^ode  Mining  Claim  described  in  the  fore- 
going notice,  and  are  the  persons  whose  names  are  subscribed  thereto:  that 
the  said  Richard  Pringle.  to  whom  the  same  is  directed,  has  wholly  failed 
to  perform  any  work  or  labor,  or  to  make  any  improvements  upon  said  min- 
ing claim  for  the  year  1899.  or  to  pay  or  contribute  to  the  undersigned  any 
portion  of  the  amount  by  them  exp  >nded  therefor,  although  more  than  ninety 
days  have  elapsed  since  the  i)erso'ial  service  upon  him  (or  publication)  of 
the  foregoing  notice. 

E.  T.  M(  KINSTRY. 
ARTHUR  DUGGAN. 
Subscribed  and  sworn  to  i)efore  me  this  11th  day  of  October.  1900. 

JOE  P.  DALY.  N'otary  Piil)iic. 


Form  No.  lo— Mining  Lease  (Lode  Ciaimst. 

THIS  INDENTURE,  Made  this  Is;  day  of  May  in  the  year  of  our  Lord 
1900,  between  William  13.  McCarthy  and  James  V.  Gleason,  rf  Seattle.  Wash- 
ington, lessors,  and  James  13.  Gallagher,  of  Butte,  Montanr .  'cssee. 

WITNESSETH:  That  the  said  lessors,  in  consideration  of  tne  royalties, 
covenant?  and  agreements  herein  contained,  do  by  these  presents  hereby 
lease  unto  the  said  lessee  all  of  the  following  described  mining  claims  and 
raining  proper(y,  situated  in  the  Twenty-Mile  Mining  District,  in  the  Copper 
River  region  of  .Alaska,  commonly  known  as  the  "Horseshoe"  group  of  rain- 


Al'PKNKIX". 


81 


Ing  claims,  which  group  is  situated  al)out  twenty-two  miles  northwest  from 
the  town  of  V'aldez,  and  consists  of  the  "Acme,','  "Eureka, "  "Golden,"  "Horse- 
Shoe"  and  "J-eigh"  Lode  M'ning  Cl-iims,  located  !)>•  Dudley  Barnes  on  August 
fJth,  1898,  and  notices  of  l-Kation  whereof  are  recorded  in  the  office  of  the 
Mining  Recorder  of  said  district. 

TO  HAVE  AND  TO  HOld),  unto  the  said  lessee,  for  the  term  of  one 
year  from  the  date  hereof,  or  until  noon  of  May  1st,  1901,  unless  sooner  ter- 
minated by  forfeiture  or  mutual  agreement. 

AND  in  consideration  of  such  lease,  the  said  lessee  covenants  and  agrees 
wVl,  the  said  lessors  as  follow.s: 

1.  To  enter  upon  said  mine,  or  premises,  and  work  the  same  mine 
fashion,  in  manner  necessary  to  good  and  economical  mining,  so  as  to  take 
out  the  greatest  amount  of  ore  possible,  wit),  due  regard  to  the  development 
and  preservation  of  the  same  as  a  workab  e  mine,  and  to  the  special  cove- 
nants hereinafter  reserved. 

2.  To  work  and  mine  said  premises  as  aforesaid  steadily  and  continu- 
ously irom  the  date  of  this  lease  with  at  least  two  persons  employed  under- 
ground, for  at  least  twenty  shifts  each  in  each  calendar  month. 

3.  To  well  and  sufTiciently  timber  said  mine  at  all  points  where  proper, 
in  accordance  with  good  miring,  and  to  repair  all  old  timbering  wherever 
it  may  become  necessary. 

4.  To  allow  said  lessors  and  their  agents  frojii  time  to  time  ti  enter 
upon  and  into  all  parts  of  said  mine  for  purposes  of  inspection,  and  to  use  for 
that  purpose  any  means  of  ingress  and  egress  provided  therefor. 

5.  To  not  assign  this  lease  or  any  in  erest  thereunder,  and  to  not  sublet 
the  said  premises  or  any  part  thereof,  w'Miout  the  written  assent  of  said 
lessors,  and  to  not  allow  any  person  not  iu  privity  with  the  parties  hereto, 
to  take  or  hold  possession  of  said  premises,  or  any  part  thereof,  i'nder  any 
pretense  whatever. 

t).  To  occupy  and  hold  all  cross  or  parallel  lodes,  spurs  or  mineral  de- 
posits of  any  kind  which  may  be  discovered  by  the  said  lessee,  or  by  any 
person  under  him.  in  any  manner,  by  working  within  or  from  the  demiined 
ground,  as  the  projiei'ty  of  said  lessors,  with  privilege  to  said  lessee  of  wowk- 
ing  the  same  as  parcel  of  said  leased  premises. 

7.  To  keep  at  all  times  the  drifts,  shafts,  tunnels  and  other  workini??" 
thoroughly  drained  and  clear  of  locse  rock  and  rubbish,  unless  prevented  by 
extraordinary  mining  casualty,  and  i>;  do  nil  mining  in  a  cleaa,  workman- 
like manner,  and  to  sort  carefully  all  ores  for  shipment. 

8.  To  do  no  mderhand  stoping,  and  to  make  all  shafts  7  feet  long  by 
4  feet  wide  in  the  clear,  and  all  drifts  6  f»pt  high  by  4  feet  wide  in  the  clear. 

9.  To  pay  the  said  lessors  as  royalty  five  per  cent,  of  the  net  mill 
returns  of  all  ores  to  be  extracted  vhich  run  less  than  $30  to  the  ton,  and 
10  per  cent,  of  all  ores  which  run  $30  and  not  less  than  $50  to  the  ton,  and 
15  per  cent,  of  all  ores  running  more  than  $50  to  the  ton;  but  all  ore  extracted 
from  said  mine  is  to  be  delivered  by  said  lessee  to  some  mill,  smelter  or  ore 
buyer  or  sampling  works,  in  Seattle  or  Everett,  Washington,  and  the  royal- 
ties due  said  lessors  are  to  be  deposited  to  thtlr  credit  with  the  purchaser 
of  said  ore  at  the  time  the  returns  are  received. 

10.  To  deliver  to  said  lessors  the  said  premi.ses.  with  the  appurtenances 


w^ 


82 


lkkhkyj*  mining  codk. 


-.1' 


t!!r^ 


and  all  impiovenionti;  in  kocxI  ordpr  and  condition,  with  all  drifts,  shafts, 
tunnels  and  other  passages  thoroughly  dear  of  loose  rock  and  rubbish,  and 
drained,  and  the  mine  ready  for  immediate  continued  working  (accidents  not 
arising  from  negligence  alone  excusing),  without  demand  or  further  notice, 
on  the  said  Ist  day  of  May  1901,  at  noon,  or  at  any  time  previous,  upon  de- 
mand, for  forfeiture. 

11.  And,  finally,  that  upon  AiolPiion  of  any  covenant  or  covenants  here- 
inbefore reserved,  the  terru  of  this  lease  shall,  at  the  option  of  the  said 
lessora,  expire,  and  the  same  and  said  premises,  with  the  appurtenances, 
shall  become  forfeited  to  said  lessors;  and  said  lessors  or  their  agent  may 
thereupon,  after  three  days'  notice  and  demand  of  possession  in  writing, 
served  personally  upon  said  lessee  or  his  agent,  or  lu  the  absence  of  both, 
posted  in  a  conspicuous  place  on  said  leased  premises,  enter  upon  said  premises 
and  dispossess  all  persons  occupying  the  8an.e,  with  or  without  force,  and 
with  or  without  process  of  law;  or,  at  the  option  of  said  lessors,  the  said 
tenant  and  all  persons  found  in  occupation  may  be  proceeded  against  as 
guilty  of  unlawful  detainer. 

Each  and  every  clause,  covenant  and  condition  of  thifl  instrument  shall 
extend  to  and  include  the  heirs,  personal  representatives  ar.d  assigns  of  each 
and  every  party  hereto. 

IN  WITNESS  WHEREOF,  The  said  parties  have  hereunto  set  their 
hands  and  seals,  in  the  City  of  Seattle,  Washington,  on  this  day  and  year 
in  this  instrument  first  above  written. 

WILLIAM  D.  McCarthy.        (seal) 
JAMES  P.  GLEASON.  (seal) 

JAMES  B.  GALLAGHER.  (seal) 

If  an  option  to  puichase  the  mine  be  given  with  the  lease  (which  is 
usually  done),  insert  after  paragraph  11  the  following: 

"In  consideration  of  the  acceptance  of  the  foregoing  lease,  and  the  per- 
formance of  the  covenants  thereof,  the  said  lessors  grant  to  said  lessee  the 
option  to  purchase  said  mining  claims  or  premises,  on  or  before  May  1st, 
A.  D.  1901,  by  depositing  in  the  Seattle  National  xJank,  of  Seattle,  Washing- 
ton, to  the  credit  of  said  lessors,  on  or  before  noon  of  said  day,  the  sum  of 
$20,000,  and  upon  notice  of  such  deposit  the  said  lessors  agree  to  make, 
execute,  acknowledge  and  deliver,  at  their  own  cost,  to  said  lessee,  or  to  such 
person  as  uc  may  direct,  a  good  and  sufficient  deed  of  conveyance  to  said 
mining  claims  and  premises,  free  from  all  incumbrance;  Provided,  houever. 
that  the  surrender  or  forfeitur?  of  the  foregoing  lease  for  any  caune  shall  at 
once  render  this  option  void,  ai'd  terminate  the  privilege  hereby  granted. 

NOTE.— If  the  foi-f Roliig  bf'  inteiulod  for  record  (and  nil  inHtninionls  affecting 
mines,  in  AVashington  at  least,  should  bi>  recorded)  it  should  alcio  be 
acknowledsed  by  I  lie  owner."  of  the  property  in  the  manner  provided  by  law  for 
the  acknowledgemeiil  of  deeds.  Any  notary  public  or  other  ofTloer  entitled  to  take 
such  acknowledgement   will   furnish   form   for  same 


Form  No.  ii- Option  to  Purchase. 

IN  CONSIDERATION  of  the  sum  of  One  Dollar  now  paid,  the  receipt 
whereof  is  hereby  acknowledged,  we,  the  undersigned,  William  D.  McCarthy 
and  James  P.  Gleason  of  Seattle.  Washington,  hereby  grant  to  Wilbra  H. 
Swett  and  E.  H.  Metcalf  of  the  same  place,  an  option  to  purchase  the  follow- 
ing described  mir'iig  claims  and   mining  property,  situated  in  the  Twenty- 


APPENDIX. 


S3 


<:, 


Mile  Mining  District,  in  the  Copper  River  regon  of  Alaska,  commonly  known 
;i8  the  "Horse  Shoe"  group  of  mining  claims,  which  group  is  situated  about 
twenty-two  miles  northwest  from  the  town  of  Valdez,  and  consists  of  the 
"Acme,"  "Eureka,"  "Golden,"  "Horse  Shoe,"  and  "Leigh"  Lode  Mining  Claims, 
located  by  Dudley  Barnes  on  August  6th,  1898,  and  notices  of  location  whereof 
are  reconiyd  in  the  office  of  the  Mining  Recorder  of  said  district,  for  the  sum 
of  $25,000,  by  deposit  of  said  amount  to  our  credit  at  the  Seattle  National 
Bank  of  Seattle,  "Washington,  on  or  before  noon  of  July  30th,  1901.  Within 
three  days  after  receipt  of  written  notice  of  such  deposit  we  agree  to  make, 
execute,  acknowledge  and  deliver,  at  our  own  cost,  to  the  said  Swett  and 
Metcalf,  or  to  such  person  as  they  may  in  writing  direct,  at  said  bank,  a  good 
and  sufficient  deed  or  deeds  of  conveyance  of  said  mining  claims  and  prop- 
erty, free  from  incumbi-ance. 

IN  WITNESS  WHEREOF,  We  have  hereunto  set  our  hands  and  seals, 
in  the  City  of  Seattle,  Washington,  on  this  1st  day  of  May,  A.  D.  1900. 

WILLIAM  D.  McCarthy.        (seal) 
JAMES  P.  GLEASON.  (seal) 

Add  usual  acknowledgment. 


Form  No.  i2— AMning  Lease  (Placer  Mine),  With  Uption  to  Purchase. 

THIS  INDENTITRE,  Made  and  entered  into  on  this  3rd  day  of  April, 
A.  D.  1900,  by  and  between  Edward  J.  Walsh  and  John  J.  Miller  of  Tacoraa, 
Washington,  parties  of  the  first  part,  hereinafter  called  the  lessors,  and  Flor- 
ance  P.  Leehey  of  Iowa  City,  Iowa,  party  of  the  second  part,  hereinafter 
called  the  lessee. 

WITNESSETH:  That  tie  said  lessors,  in  consideration  of  the  royalties 
to  be  paid  and  the  covenants  to  be  performed  by  the  said  lessee  as  hereinafter 
stated,  hereby  lease,  demise  and  let  unto  the  said  lessee  the  lower  divided 
one-half  (the  same  beir.g  600x660  feet  in  dimensions)  of  that  certain  Placer 
Mining  Claim  known  and  (lesigna,ed  as  No.  3  below  Boston  Creek  en  the 
Salomon  Rivf^r  i«  the  Bonanza  Mi  ling  District,  between  Golovin  Bay  and 
Oap<  Nome,  .\laska,  together  with  the  rights  and  privileges  of  entering 
upon  and  over  (ho  said  property,  and  to  prosn^rt  the  Fame  for  gold  and  the 
l>r*<iovis  minerals  in  whatevei-  deposits  the  same  may  be  found,  and  to  mine 
and  extrikct  the  same,  and  to  reduce  the  same  to  any  commercial  or  inarket 
value. 

TO  H.WE  AND  TO  HOLD,  Unto  the  said  lessee,  for  the  period  of  three 
yearo  from  the  date  hereof,  or  until  noon  of  April  3rd,  A.  D.  1903,  unless 
soon«>r  termijiated  by  forfeiture  or  mutual  agreement. 

IN  CONSIDERATION  of  such  lease  and  privileges,  the  said  lessee  cove- 
nants and  agrees  to  and  with  the  said  lessors,  as  follows: 

1.  To  enter  \ipon  the  said  mining  claim  and  premises  as  soon  as  con- 
venient, and  in  any  event  on  or  before  July  1st,  A.  D.  1900,  and  to  at  once 
begin  to  prospect  and  ex;iloit  the  same  for  the  purpose  of  discovering  thereon 
placer  deposits  of  gold  and  other  valuable  minerals,  in  whatever  form  the 
same  may  be  found,  and  to  continue  such  work  with  due  diligence  as  long 
as  weather  and  the  circumstances  in  the  community  will  permit. 

2.  To  work  and  mine  the  said  premises  as  aforesaid  steadily  and  con- 
tinuously from  the  t    *^e  of  such  entry,  with  at  least  two  persons  employed 


84 


LKKIIKYS    MINING    COOK. 


li       V 

A 


:  n 


thereon  for  at  least  fifteen  days  in  each  calendar  month  during  the  workiut; 
season,  and  to  expend  thereon  each  calendar  month  during  the  working 
season  not  less  than  $'')00  in  actual  money,  to  be  paid  as  wages  to  employees 
working  upon  the  said  property.  And  it  is  understood  that  term  "working 
season"  as  used  in  this  contract  shall  mean  the  portion  of  any  year  during 
which  placer  mining  may  be  prosecuted  in  said  community. 

3.  To  work  said  mining  claim  and  premises  iiereby  leased  in  the  most 
practical  manner  known  to  good  mining  in  that  particular  region,  and  to 
such  extent  as  to  develop  said  property  and  discover  its  value  as  a  placer 
mine,  and  to  produce  therefrom  the  greatest  values  in  ores  and  minerals, 
extracted  at  the  minimum  of  cost;  and  to  that  end  the  said  lessee  agrees  to 
install  such  machinery,  devices  and  appurtenances  as  may  be  in  gener^^l  use 
and  best  suiterl  to  mining  in  the  community  and  to  the  peculiar  conditions 
of  the  property  hereby  leased.  And  it  is  understood  that  the  privilege 
hereby  granted  to  prospect  and  work  said  property  shall  also  be  construed  a 
privilege  to  employ  thereon  any  new  and  approved  machinery  for  the  pur- 
pose of  testing  the  value  of  the  same  In  placer  mining,  and  the  final  adoption 
of  the  same  in  general  use  on  such  claim  if  found  satisfactory. 

4.  To  kei?p  all  sluices,  ditches,  drains,  water  ways  and  passage  ways 
cleared  of  loose  rock  and  rubbish,  in  such  manner  as  to  promote  the  useful- 
ness of  the  property  from  year  to  year  as  a  workable  mine,  and  to  do  no  act 
thereon  with  a  view  to  immediate  gain  or  profit  during  the  term  of  this  lease 
which  would  ultimately  impede  mining  operations  or  impair  the  operating 
conditions  of  said  mining  claim  at  a  future  date,  and  geneially  to  so  conduct 
operations  as  to  conform  to  the  laws  of  the  United  States  and  tlie  District 
of  Alaska,  and  the  local  rules  and  regulations  of  miners,  and  to  do  no  act 
and  suffer  no  default  wbi<'h  might  in  any  manner  involve  the  said  lessors 
in  liability  of  any  kind  or  (  haracter. 

5.  To  pay  and  deliver  to  the  said  lessors,  as  royalty,  twenty-five  per 
cent.,  or  one-fourth,  of  all  gold  dust  and  mineral  extracted  twnn  said  prop- 
erty, which  sum  shall  be  delivered  by  the  said  lessee  to  the  lessor  Walsh 
or  to  any  person  whom  he  may  direct,  immediately  .nfter  each  clean  up,  or  at 
such  times  as  he  may  demand  the  same;  and  to  that  end  it  is  agreed  that 
said  lessee  shall  give  to  the  said  Walsh,  or  the  authorized  agent  of  said 
lessors,  notice  of  the  time  of  each  clean  up,  and  permit  him  to  be  present  and 
assist  at  the  same. 

6.  To  deliver  the  said  premises,  with  the  appurtenances  and  all  improv>" 
ments  placed  thereon,  except  machinery,  to  the  said  lessors,  in  good  order 
and  condition,  upon  the  expiration  of  this  lease,  or  at  any  time  sooner,  upoi 
the  expiration  of  notice,  upon  demand  for  forfeiture,  a 3  hereinafter  stated. 

7.  Finally,  it  is  agreed  that  time  is  of  the  essence  of  this  lease  as  to 
each  condition  thereof,  and  upon  the  .allure  of  the  Htiid  lessee  to  perform 
any  or  all  of  the  covenants  herein  contained,  this  lease  and  iUl  rights  ami 
privileges  thereunder  shall  at  tlie  option  of  the  said  lessors,  expressed  by 
the  said  Walsh  or  their  authorized  agent,  be  at  once  forfeited,  and  the 
said  lessors  may  cause  notice  in  writing  of  their  election  to  declare  such 
forfeiture  to  be  delivered  to  said  lessee,  or  in  his  absence  to  be  posted  in  a 
conspicuous  place  on  said  lea.sed  property,  which  notice  shall  specify  the 
grounds  upon  which  such  forfeiture  has  been  declared.  That  thereupon  the 
said  lessee  shall  have  the  period  of  five  days  in  which  to  repair  any  injury 


AI'PKNDIX. 


86 


caused  to  said  premises  through  his  act  or  neglect,  or  through  the  act  or 
neglect  of  any  person  claiming  under  him.  and  a  similar  length  of  time  in 
which  to  cflmply  fully  with  any  other  comlition  herein  specified  and  in  the 
l)erforman('e  of  which  failure  has  been  made;  and  at  the  expiration  of  said 
period,  if  such  defect  has  not  been  cured,  the  said  lessors,  or  their  agents, 
may  at  once,  with  or  without  further  demand,  and  with  or  without  notice 
or  legal  process,  enter  into  and  upon  the  premises  hereby  leased,  and  may 
dispossess  the  said  lessee  and  all  persons  thereon  claiming  under  him  or 
otherwise,  and  shall  retain  any  royalties  delivered  as  the  stipulated  rents 
of  said  property,  and  may  proceed  against  the  said  leasee  to  recover  for  any 
damages  which  they  may  have  sustained  through  his  acts,  defaults  or 
negligence. 

The  right  is  reserved  by  said  lessors  to  enter  upon  and  over  said  prop- 
erty at  all  reasonable  limes,  for  the  purpose  of  inspection,  and  for  the  pur- 
pose of  obtaining  access  to  and  from  any  other  property  owned  or  operated 
by  said  lessors. 

This  lease  and  the  privileges  hereby  granted  shall  not  be  assignable, 
except  with  the  consent  of  the  said  lessors,  but  in  all  other  respects  each  and 
every  clause,  covenant  and  condition  herein  contained  shall  extend  to  and 
include  the  heirs,  personal  representativeb  and  assigns  of  each  and  every 
party  hereto. 

In  consideration  of  the  foregoing  lease,  and  the  faithful  performance 
of  the  same  by  the  said  lessee,  the  said  lessors  grant  to  him  the  right  to 
purchase  the  premises  hereby  leased,  to  wit,  the  divideo  lower  half  (660x660 
feet  in  dimensions)  of  the  placer  claim  known  as  No.  '■',  below  Boston  Creek, 
on  Salomon  River  aforesaid,  on  or  before  December  ist.  A.  D.  IJKiO,  for  the 
sum  of  Ten  Thousand  Doli.irs  ($10,000),  or  in  default  of  this  option  he  jihall 
have  the  right  to  purchase  the  said  premises  on  or  before  the  Jst  day  of 
December.  1901.  for  the  sum  of  Twenty  Thousand  Dollars  (120,000),  which 
sum  shall  in  either  event  be  deposited  in  the  First  National  Bank  of 
Seattle,  Washington,  to  the  credit  of  the  said  lessors,  on  or  before  the  date 
herein  set,  and  to  that  end  the  said  lessors  herewith  agree  to  execute, 
acknowledge  and  place  in  escrow  in  said  bank  their  uood  and  sufficient  deed 
of  conveyance  to  said  lessee  of  said  property;  but  it  is  stipulated  that  time 
is  of  the  essence  of  this  option,  and  should  the  said  sum  not  be  deposited 
promptly  at  the  date  herein  specified,  then  this  option,  and  all  the  rights  of 
the  said  lessee  thereunder,  shall  at  once  be  forfeited,  without  further  act  or 
declaration  on  the  part  of  the  said  lessors. 

The  forfeiture,  surrender  or  termination  ot  the  above  lease  for  any 
cause,  shall  render  this  option  void,  and  the  above  mentioned  payment  crnnot 
thereafter  be  tendered  with  any  effect. 

IN  WITNESS  WHEREOF,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  on  this  day  and  year  in  thlf^  instrument  first  above  written. 
Signed  in  the  presence  of:  EDWARD  J.  WALSH.        (seal) 

.TNO.  G.  EVANS,  JNO.  .1.  MILLER.  (skal) 

.).  F.  O'BRIEN.  FLOR.   P.   LEEHEY.  (seal) 

Who  witness  the  signatures  of  said  lessors. 

T.  H.   .vIcBRIDE. 

JOHN  J.  NEY, 

Who  witness  the  signature  of  said  lessee. 

Usual  acknowledgment  should  be  added. 


86 


LKEHEY  S   MINING   CODE. 


R  ,1 


m  II 


Form  No.  13— Bond  for  Deed. 

KNOW  ALL  MEN  BY  THESE  PRESENTS:  That  the  undersigned  John 
Walker  of  Snohomish.  Washington,  and  William  Myers  of  Index,  Washington, 
parties  of  the  first  part,  are  held  and  firmly  bound  unto  Thomas  Everett  of 
Seattle,  Washington,  in  the  penal  sum  of  Ten  Thousand  Dollars,  for  the  pay- 
ment of  which  well  and  truly  to  be  made,  they  bind  themselves  and  their 
heirs,  personal  representatives  and  assigns,  jointly  and  severally,  firmly  by 
these  presents. 

The  condition  of  this  obligation  Is  that  if  the  said  parties  of  the  first 
part,  on  receipt  of  notice  in  writing  that  there  has  been  deposited  to  their 
credit  in  the  First  National  Bank  of  Seattle,  Washington,  the  sum  of  Ten 
Thousand  Dollars,  on  or  before  noon  of  July  5th,  A.  D.  1900  (and  time  is  of 
the  essence  of  this  obligation),  will  at  once  make,  execute,  acknowledge  and 
deliver  to  said  obligee,  or  to  such  person  as  he  may  in  writing  direct,  a  good 
and  sufficient  deed  of  conveyance  to  the  "Merrimac"  Lode  Mining  Claim  in 
Fidalgo  District,  King  County,  Washington,  described  in  the  Notice  of 
Location  thereof  recorded  at  page  332  of  Vol.  6  of  Mining  Records  in  the 
office  of  the  Auditor  of  said  County,  free  from  all  incumbrance,  and  including 
all  mineral  and  mining  rights  and  privileges  therein,  then  this  obligation 
shall  be  null  and  void;  otherwise  to  be  and  remain  in  full  force  and  effect. 

Signed  with  our  hands  and  dated  this  4th  day  of  April,  A.  D.  1900. 

JOHN  WALKER. 
WM.  MYERS. 

Add  usual  acknowledgment. 


Form  No.  14 — "Qrub-Stake"  Agreement. 

THIS  AGREEMENT,  Made  this  10th  day  of  December,  A.  D.  1899,  be- 
tween Walter  S.  Ayres  of  Butte,  Montana,  party  of  the  first  part,  and  Jerry 
Brown  of  Spokane,  Washington,  the  party  of  the  second  part: 

WITNESSETH:  That  whereas,  the  said  party  of  the  second  part  has 
this  day  procured  and  furnished  for  the  party  of  the  first  part  an  outfit  suit- 
able for  prospecting  and  mining  on  the  Koynkuk  River  and  its  tributaries  in 
Alaska,  together  with  all  the  necessary  provisions,  supplies  and  clothing,  and 
has  procured  for  the  party  of  the  first  part  transportation  to  St.  Michaels,  and 
has  furnished  and  given  to  the  party  of  tlip  first  part  sufficient  money  to 
defray  all  of  his  necesHury  expenses  in  continuing  the  said  journey,  and  in 
procuring  tho  nocessariea  of  life. 

Now  therefore,  for  and  in  consideration  of  the  premises,  the  said  party 
of  tlu>  first  part  agrees  to  go  immediately  to  the  ^n\<l  fields  on  or  near  the 
Koyukuk  River  In  Alaska,  and  to  remain  in  the  said  region  for  the  period  of 
two  years  and  to  spend  all  of  said  period  of  two  years  in  prospecting,  in 
mining,  or  in  laboring  for  others,  or  working  claims  on  shares,  as  Raid  first 
party  may  deem  to  be  the  best  and  most  remunerative  way  of  laboring.  And 
the  said  party  of  the  first  part  does  herein  agree  to  convey  to  party  of  the 
second  part  an  undivided  one-half  interest  in  all  mining  properties  located 
or  procured  in  any  way  by  him;  and  agrees  to  give  to  the  party  of  the  seconi 
part  one-half  the  proceeds  of  labor,  or  results  of  such  labor  after  deducting 
all  necessary  expenses:  and  the  said  first  party  further  agrees  for  the  period 


ArrKNDix. 


87 


of  two  years  from  this  date  to  do  all  neceasary  work  rfquired  1)>  the  laws  of 
Alaska  and  of  the  United  States,  for  holding  the  said  mining  properties,  and 
to  comply  with  all  of  the  requirements  of  the  said  laws  and  of  all  lawful 
local  regulations. 

And  the  said  party  of  the  first  part  does  further  asree  to  account  on  the 
Ist  day  of  October  of  each  year  to  the  said  party  of  the  second  part  for  all  of 
his  earnings  during  the  year  prior  thereto,  whether  the  same  li-  obtained  la 
working  mines  himself  or  in  laboring  for  others,  and  to  give  to  the  said 
party  of  the  second  part  one-half  of  the  said  net  earnings. 

And  the  said  party  of  the  first  part  further  agrees  that  as  soon  as  any 
mining  properties  located  by  him  can  l)o  worke<l  at  a  profit,  to  devote  all 
his  time  to  the  development  of  the  said  mining  properties  and  to  the  work- 
ing of  the  same,  and  all  the  mineral  products  taken  from  the  said  mines  shall 
be  equally  divided,  share  and  share  alike,  between  the  party  of  the  first  part 
and  the  party  of  the  second  part,  said  division  to  l)e  made  on  the  first  day 
of  October  of  each  year. 

It  is  further  agreed  between  the  parties  hereto  that  on  the  first  day  of 
October  of  each  year,  before  any  division  is  made  of  the  net  earnings  or  of  the 
mineral  products,  there  shall  be  determined  what  amount  of  money  will  be 
necessary  to  procure  the  necessary  outfit  and  supples  for  the  following  year, 
and  the  said  amount  so  determined  shall  be  deducted  from  the  earnings  and 
from  the  proceeds  of  the  mineral  product  before  the  said  division  is  made, 
and  said  amount  so  deducted  shall  be  specifically  applied  to  the  purchase  of 
the  necessary  outfit  and  necessary  supplies  for  the  following  year. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have  hereunto  set  their 
hands  and  seals  in  Spokane,  Washington,  the  day,  month  and  year  first  above 
written. 

WALTER  S.  AYRES.      (seal) 

JERRY  BROWN.  (seal) 

Witnesses: 

T.  F.  DUNN. 
H.  C.  COLTER. 


Form  Nu.  15— "Lay"  on  Placer  Mining  Claim. 

I,  the  undersigned,  Scott  E.  King  of  Council  City,  Alaska,  hereby  grant 
to  Sig  Schilling  of  the  same  place,  a  "lay"  upon  and  license  to  mine  and 
extract  gold  dust,  ores  and  minerals  from  the  upper  half  of  my  Placer  Mining 
Claim  designated  as  IJo.  2  on  Crooked  Creek  above  Ophir  Creek  in  the 
Eldorado  Mining  District  on  the  Sumner  Peninsula  of  Alaska,  (which  claim 
is  described  In  the  Notice  of  Location  thereof  recorded  at  page  163  of  Volume 
L  of  the  Mining  Records  of  said  district),  upon  the  express  conditions,  how- 
ever, that  all  work  shall  be  done  in  a  good  and  workmanlike  manner  accord- 
ing to  the  most  approved  methods  of  mining  in  the  district,  and  so  as  to 
extract  and  save  the  largest  possible  percentage  of  values  from  the  ground 
worked;  that  all  waste  and  debris  shall  he  cleared  and  removed,  and  nothing 
done  or  permitted  which  may  in  any  manner  injure  the  future  value  of  the 
premises  as  a  workable  mine;  that  a  royalty  of  twenty  (20)  per  cent,  of 
all  gold  dust,  ores  and  minerals  taken  from  said  premises  is  hereby  reserved 
and  shall  be  paid  or  delivered  to  the  undersigned  King  or  his  agent  author- 


88 


I.KKHKY  S    MIXIXfi    CODK. 


IM 


1;  i 


Ized  in  writliiK  to  receive  the  same,  immediately  after  eacli  cleai-iii)  ami 
weiKhing  thereof,  ami  perHonal  notice  shall  be  given  to  the  said  undersigned 
or  Biuh  authorized  agent  of  each  dean-np.  This  is  Intended  to  be  merely  a 
llcenfie  to  worli  and  operate  said  mining  premises,  and  is  revocable  at  any 
time  at  will. 

Dated  at  Council  City.  Alaska,  this  12th  day  of  June,  1900. 

SCOTT  E.  KINO. 
Witnesses:  SIO  SCHILLING. 

M.  H.  COHEN. 
PATRICK  C.  KEARNS. 


APPENDIX   B. 


MISCKLLANKOI'S   STATUTORY    PROVISIONS. 
Alaska. 

From  the  Carter   Act  recently  passed  by  Congress. 

Sec,  202,  Title  111,  Civil  Code  for  Alaska.  "Subject  to  the  provisions  of 
this  chapter,  the  right  of  eminent  domain  may  be  exercised  in  behalf  of  the 
following  public  uses: 

«**«*  *  *  *  *  * 

"(4)  Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges  of  all  kinds, 
private  roads,  plank  and  turnpike  roads,  railroads,  canals,  ditches,  flumes, 
aqueducts,  and  pipes  for  public  transportation,  supplying  mines  and  farming 
neighborhoods  with  water,  and  draining  and  reclaiming  lands,  and  for  floating 
logs  and  lumber  on  streams  not  navigable,  and  sites  for  reservoirs  necessary 
for  collecting  and  storing  water." 

"(5)  Roads,  tunnels,  ditches,  flumes,  pipes,  and  dumping  places  for 
working  mines:  also  outlets,  natural  or  otherwise,  for  the  flow,  deposit,  or 
conduct  of  tailings  or  refuse  matter  from  mines:  also  an  occupancy  in  com- 
mon by  the  owners  or  possessors  of  different  mines  of  any  place  for  the  flow, 
deposit,  or  conduct  of  tailings  or  refuse  matter  from  their  several  mines,  and 
sites  for  reservoirs  necessary  for  collecting  and  storing  water." 

From  Ui?  Act  of  May  17,  1884,  23  Stats.  L.  24;  Supp.  Rev.  States.  (2nd  Ed.). 

p.  432. 

"  Sec.  7.  That  the  general  laws  of  the  State  of  Oregon  now  in  force  are 
hereby  declared  to  be  the  law  in  said  district,  so  far  as  the  same  may  be 
applicable  and  not  in  conflict  with  the  provisions  of  this  act  or  the  laws  of 
the  United  States:  *  *  *  the  said  district  court  shall  have  exclusive  juris- 
dicMon  in  all  cases  in  eciuity.  or  those  involving  a  question  of  title  to  land,  or 
niiniiTg  rights,     *     *     *." 

"  Sec.  8.  That  the  said  district  of  Alaska  is  hereby  created  a  land  dis- 
trict, and  a  Ignited  States  land  office  for  said  district  is  hereby  located  at 
Sitka.  The  commissioner  provided  for  by  this  act  to  reside  at  Sitka  shall  be 
ex-offlcio  register  of  sa'd  land  office,  and  the  clerk  provided  for  by  this  act 
shall  be  ex-offlcio  receiver  of  public  moneys,  and  the  marshal  provided  for  by 


1 


API'KMtlX. 


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this  act  8h<ill  be  ex-offlclo  siirvpyor-gonpral  of  said  (lisiri(  t.  Ami  tlu'  laws  of  tho 
United  Stales  relating  to  niiiiinK  ilainiH,  and  the  riglu.s  imident  thereto,  hhall, 
from  and  after  the  passage  of  this  act.  be  in  full  force  and  effec  t  in  said  dis- 
trict, under  the  administration  thereof  herein  provided  for,  subjei  t  to  such 
regulations  as  may  Ite  made  by  the  Secretary  of  the  Interior,  approved  by  the 
President:  I'lariihil.  That  the  Indians  or  other  persons  in  said  district  shall 
not  l>e  disturbed  in  the  possession  of  any  lands  aitually  in  their  \ise  or  occu- 
pation or  now  tlaimed  by  them  but  the  terms  under  which  such  persons  may 
acquire  title  to  such  lands  is  reserved  for  future  legislation  by  Congress: 
And  prin\(U'(l  further.  That  parties  who  have  located  mines  or  mineral  privi- 
leges therein  under  the  laws  of  the  United  States  applicable  to  the  public 
domaii),  or  who  have  occupied  and  improved  or  exercised  acts  of  ownership 
over  SI  ch  claims,  shall  not  be  disturbed  therein,  but  shall  be  allowed  to  per- 
fect th'iir  title  to  such  claims  by  payment  as  aforesaid:  And  pxnidcd  also. 
That  the  land  not  exceeding  six  hundred  and  forty  acres  at  any  station  now 
occupied  as  missionary  stations  among  the  Indian  tribes  in  said  section,  with 
the  improvements  thereon  erected  by  or  for  such  societies,  shall  be  continued 
in  the  occupancy  of  the  several  religious  societies  to  which  said  missionary 
stations  respectively  belong  until  action  by  Congress.  But  nothing  contained 
in  this  act  shall  be  construed  to  put  in  force  in  said  district  the  general  land 
laws  of  the  United  States." 

Sec.  4  of  the  same  act  provides  for  the  appointment  of  a  clerk  of  court 
who  shall  be  ex-offlcio  secretary  and  treasurer  of  the  district  and  ex-offlcio 
recorder  of  deeds,  and  mortgages  and  certificates  of  location  of  mining  claims 
and  other  contracts  relating  to  real  estate  (1). 

Washington. 

MINING  CORPORATIONS. 

Section  4280,  Bal.  Code. — "In  Incorporations  already  formed,  or  which 
may  hereafter  be  formed  under  this  chapter,  where  the  amount  of  the 
capital  stock  of  such  corporation  consists  of  the  aggregate  valuation  of 
the  whole  number  of  feet,  shares,  or  interest  in  any  claim  in  any  mining 
claim  in  this  state,  for  the  working  and  development  of  which  such  corpora- 
tion shall  be  or  have  been  formed,  no  actual  subscripi.on  to  the  capital  stock 
of  such  corporation  shall  be  necessary;  but  each  owner  in  said  mining  claim 
shall  be  deemed  to  have  subscribed  such  an  amount  to  the  capital  stock  of 
such  corporation  as  under  its  by-laws  will  represent  the  value  of  so  much  of 
his  interest  in  said  mining  claim,  the  legal  title  to  which  he  may  by  deed, 
deed  of  trust,  or  other  instrument  vest  or  have  vested  in  such  corporation 
for  mining  purposes;  such  subscription  to  be  deemed  to  have  been  made  on 
the  execution  and  delivery  to  such  corporation  of  such  deed,  deed  of  trust, 
or  other  instrument;  nor  shall  the  validity  of  any  assessment  levied  by  the 
board  of  trustees  of  such  corporation  be  affected  by  the  reason  of  the  fact 

(1)  NOTE  ON  ALASKA  LAW.— 'From  the  foregoing  it  will  be  noted  tiiat  only 
the  "general  laws"  of  Oregon  were  extenied  to  Alaska.  We  are  advised  that  tha 
District  Court  of  the  district  has  repeatedly  held  that  the  mining  laws  of  the  state 
of  Oregon  have  never  applied  to  Alaska,  and  the  language  of  the  act  certainly  sup- 
ports this  view.  The  laws  of  Oregon  under  this  act,  governed  as  to  sales  of  real 
estate,  and  hence  of  patented  mining  claims.  Of  course,  upon  the  passage  of  the 
Carter  Act  to  provide  a  civil  code  for  Alaska,  the  foregoing  stands  repealed,  and 
from  this  date  the  only  interest  Alaska  people  can  have  in  the  Oregon  laws  will 
be  with  reference  to  rights  acquired  under  the  operation  of  the  same. 

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I.EKHEY8   MIXING   CODE. 


that  the  fuli  amount  of  the  capital  stock  of  such  corporation,  as  mentioned 
in  its  certificate  of  incorporation,  shall  not  have  been  subscribed  as  provided 
In  this  section :  Provided,  That  the  greater  portion  of  said  amount  of  capital 
stock  shall  have  been  so  subscribed:  And  provided  further,  That  this  section 
shall  not  be  so  construed  as  to  prohibit  the  stockholders  of  any  corporation 
formed,  or  which  may  be  formed  for  mining  purposes  as  provided  in  this 
Bection,  from  regulating  >  oe  mode  of  making  subscriptions  to  its  capital  stock 
and  calling  in  the  same  by  by-laws  or  express  contract."    (1). 

LEASING    MINERAL    LANDS    BELONGING   TO   THE   STATE    (2). 

Sec.  2212.  Bal  Code.  "The  commissioner  of  public  lands  of  the  state 
of  Washington  is  hereby  authorized  to  execute  leases  and  contracts  for  the 
mining  of  gold,  silver,  copper,  lead,  cinnabar  or  other  valuable  minerals 
except  coal,  from  any  land  now  belonging  to  the  state  or  from  any  lands  to 
which  the  state  may  hereafter  acquire  title,  subject  to  the  conditions  herein- 
after provided." 

Sec.  2213.  '"Any  citizen  of  the  United  States  finding  precious  minerals 
upon  any  lands  belonging  to  the  state  of  Washington  may  apply  to  the  com- 
missioner of  public  lands  for  a  lease  of  any  amount  of  land  not  to  exceed  the 
amount  of  land  allowed  by  the  United  States  mining  laws  for  locating  and 
recording  mining  ciaiui  ,  and  same  dimensions." 

Sec.  2214.  "The  manner  of  locating  a  mineral  claim  upon  state  land 
shall  be  similar  to  the  state  law  regulating  locating  mineral  claims  on  gov- 
ernment land:  Provided,  That  any  citizens  that  have  found  minerals  on 
state  lands  previous  to  the  passage  of  this  act  and  have  posted  up  notice 
setting  forth  the  dimensions  according   to   the   mining   law   of   the   United 


(1)  NOTE.— This  provision  makes  an  actual  subscription  to  the  stock  of  a  min- 
ing corporation  unnecessary  where  such  stock  Is  to  be  paid  for  by  conveyance  to  the 
corporation  of  a  mine  or  mlnlna;  claim  within  this  state,  for  the  development  of 
which  the  corporation  has  been  formed.  The  language  of  the  section  Is  not  free 
from  ambiguity,  and  whether  a  mining  claim  can  be  transferred  in  full  payment 
of  the  entire  capital  stock  of  a  mining  corporation  is  a  question.  Hon.  P.  H. 
Brownell,  of  Everett,  In  a  paper  read  before  the  Washington  State  Bar  Associa- 
tion In  July,  1898,  suggests  this  doubt  and  states  a  conclusion  In  which  we  concur, 
viz. :  That  It  will  be  well  to  assume  that  only  the  necessity  of  a  subscription  to  the 
entire  capital  stock  is  abrogated  in  the  case  of  a  mining  corporation,  and  that 
While  a  mining  claim  may  be  taken  In  payment  of  stock.  It  must  not  be  overvalued. 

(2)  NOTE.— The  foregoing  has  referei.ce  only  to  lands  owned  by  the  state  and 
which  contain  valuable  mineral  deposits.  Mineral  lands  were  excepted  from  the 
grant  to  the  state  for  educational  purposes.  This  exception,  however,  had  ref- 
erence only  to  such  lands  as  were  known  to  be  mineral  at  the  time  of  the  grant. 
If  lands  which  have  been  granted  to  the  state  should  afterwards  prove  to  be 
mineral  the  title  of  the  state  Iv  not  thereby  affected,  and  the  state  has  chosen 
this  method  of  leasing  such  lands. 

STATE  GEOLOGIST.-Sectlons  172-182  Bal.  Code  (Act  of  1890)  provide  for  the 
appointment  of  a  state  geologist,  whose  duty  it  is  to  collect  information  concern- 
ing minerals  In  the  state;  to  assay  samples  of  ores  at  a  fixed  schedule  of  prices, 
retaining  sp<>clmens  for  the  state  museum,  and  to  Inspect  mines  upon  request  or 
complaint  to  him.  We  are  Informed  that  the  first  official  appointed  under  this  law 
published  an  Interesting  report,  but  the  legislature  has  not  appropriated  for  its  sup- 
port and  the  office  Is  now  vacant. 

A  MINING  BUREAU  was  also  authorized  by  an  Act  of  1890  (Sections  3145-Bi) 
Bal.  Code),  but  is  not  now  maintained.  In  1891  an  appropriation  of  fifty  thousand 
dollars  was  made  for  a  geological  and  mineraloglcal  survey  of  the  state,  but  the 
courts  held  that  the  r^pproprlatlon  therefor  could  not  be  disbursed  under  the  act. 
Sections  3196-3211  Bal.  Code  provide  a  method  by  which  the  tax  payers  of  any 
county  may  vote  upon  a  proposition  to  prospect  the  county  for  mineral  deposits, 
coal,  oil,  etc.,  but  so  far  as  we  can  learn  no  attempt  has  been  made  in  any  county 
to  put  into  effect  the  provisions  of  the  law. 


mBuam 


uhmmmf^&in 


APPKNDIX. 


91 


States  and  the  state  of  Washington,  shall  have  prior  right  to  lease  the  same, 
and  shall  have  ninety  days  after  the  passage  of  this  act  to  make  application 
to  the  commissioner  of  public  lands  for  a  lease." 

Sec.  2215.  "The  lessee  may  cut  and  use  the  timber  found  upon  said 
premises  for  fuel  and  construction  of  buildings,  required  in  the  operation 
of  any  mine  or  mines  on  the  premises;  also  the  timtier  necessary  for  drains, 
tramways  and  supports  for  such  mine  or  mines,  and  for  no  other  purpose." 

Sec.  2216.  "Before  any  lease  shall  be  granted  the  applicant  shall  pay  to 
the  state  treasurer  the  sum  of  five  dollars.  The  holder  of  a  mineral  lease, 
secured,  as  above,  shall  have  two  years  to  develop  said  mine  or  mines:  Pro- 
vided, That  no  more  than  five  tons  of  ore  shall  be  removed  therefrom,  for 
assaying  or  testing  purposes,  until  a  contract  as  hereinafter  provided  shall 
have  been  executed." 

Sec.  2217.  (As  amended  by  act  of  March  18. 189).)  "At  any  time  prior 
to  the  expiration  of  said  lease,  the  lease  holder,  or  any  assignee  thereof,  shall 
have  the  right  to  obtain  from  the  said  commissioner  of  public  lands  a  con- 
tract which  shall  bind  the  state  of  Washington  as  the  party  of  the  first  part, 
and  the  person,  persons  or  corporations  to  whom  said  contract  shall  issue 
as  the  party  of  the  second  part,  in  a  mutual  observance  of  the  obligations 
and  conditions  as  specified  therein  (the  contract  provided  for  in  this  act 
shall  be  as  follows) : 

THIS  INDENTURE,  Made  this day  of A.  D. 

one  thousand  eight  and by  and  between  the  state  of 

Washington,  party  of  the  first  part,  and party 

of  the  second  part. 

AVITNESSETH.  that  the  party  of  the  first  part,  in  consideration  of  the 
sum  of  ten  dollars  to  It  in  hand  paid  by  the  party  of  the  second  part,  being 
the  first  annual  payment  as  provided  for  in  chapter  102,  section  7,  of  the 
Session  Laws  of  1897.  the  receipt  whereof  is  hereby  acknowledged,  and  in 
farther  consideration  of  the  covenants  and  conditions  herein  contained,  to  be 
kept  and  performed  by  the  part. . .  of  the  second  part,  does  hereby  contract, 
lease  and  demise  to  the  part. . .  of  the  second  part  for  a  term  of  thirty  years 

from  and  after  the day  of one  thousand  eight 

hundred  and ,  the  following  described  land  situated  In 

the  county  of ,  In  the  state  of  Washington,  viz.: 

,  tvhlch  premises  are  leased  to  the  part. . .  of  the 

second  part  for  the  purposes  of  exploring  for,  mining,  taking  out  and  remov- 
ing therefrom  the  merchantable  shipping  ore,  containing  copper,  lead,  silver, 
gold  and  other  minerals,  which  is  or  which  hereafter  may  be  found  on,  in  or 
under  said  land,  together  with  the  right  to  construct  all  buildings,  make  all 
excavations,  openings,  ditches,  drains,  railroat^s,  wagon  roads,  smelters  and 
other  Improvements  upon  said  premises,  which  are  or  may  become  necessary 
or  suitable  for  the  mining  or  removal  of  ore  containing  copper,  lead,  silver, 
gold  or  other  minerals  from  said  premises,  with  the  right,  during  the  exist- 
enee  of  this  lease,  to  cut  and  use  the  timber  found  upon  said  premises  for 
fuel,  and  so  far  also  as  may  be  necessary  for  the  construction  of  buildings 
required  In  the  operation  of  any  mine  or  mines,  on  the  premises  hereby 
leased,  as  also  the  timber  necessary  for  drains,  tramways  and  supporti^  for 
such  mine  or  mines:     Provided,  however,  that  the  part.  .     of  the  second  part 


92 


LKKIIEYS   MIMINfl    CODE. 


shall  have  the  right  at  any  time  to  terminate  this  agreement  In  so  far  as  It 
requires  the  part. . .  of  the  second  part  to  mine  ore  on  said  lands,  or  to  pay  a 
royalty  therefor,  by  giving  written  notice  to  the  party  of  the  first  (part), 
which  shall  be  served  by  leaving  the  same  with  the  commissioner  of  public 
lands,  who  sha^l  officially,  in  writing,  acknowledge  the  receipt  of  said  notice 
and  the  foregoing  lease  shall  terminate  sixty  days  thereafter,  and  all  arrear- 
ages and  sums  which  may  be  due  under  the  same  up  to  the  time  of  its  termina- 
tion, as  set  forth  in  said  notice,  shall  be  paid  upon  settlement  and  adjustment 
thereof.  The  party  of  the  first  part  further  agrees  that  the  part...  of  the 
second  part  shall  have  the  right  under  this  agreement  to  contract  with  others 
to  work  such  mine  or  mines,  or  any  part  thereof,  or  to  sub-contract  the  same 
and  the  use  of  the  said  land  or  any  part  thereof,  for  the  purpose  of  mining  for 
ore,  with  the  same  rights  and  privileges  as  are  herein  granted  to  the  said 
part. . .  of  the  second  part." 

Sec.  2218.  "The  terms  and  conditions  on  which  the  same  may  be  mined 
shall  be  agreed  upon  by  the  commissioner  of  public  lands  and  the  lessee: 
Provided.  That  the  royalty  or  tax  to  be  paid  by  the  lessee  shall  be  graduated. 
All  claims  or  mines  that  do  not  yield  a  net  income  of  more  than  two  thousand 
dollars  shall  pay  a  tax  of  ten  dollars  per  year;  over  two  thousand  dollars  and 
not  to  exceed  ten  thousand  dollars,  shall  pay  fifty  dollars;  from  ten  thousand 
dollars  to  one  hundred  thousand  dollars,  five  per  cent.;  all  above  one  hundred 
thousand  dollars,  ten  per  cent.  Where  the  lessee  commits  fraud  the  penalty 
shall  be  the  forfeit  of  the  mine  or  mines,  and  all  property  pertaining  thereto." 

PROTECTION  TO  COAL  MINERS. 

Section  35,  of  Article  II.  of  the  Constitution  of  Washington  provides  that 
"The  legislature  shall  pass  necessary  laws  for  the  protection  of  persons  work- 
ing in  mines,  factorieb,  and  other  employraents  dangerous  to  life  or  deleteri- 
ous to  health,  and  fix  pains  and  penalties  for  the  enforcement  of  the  same." 
Sections  3158-85,  Bal.  Code,  provide  at  length  for  the  inspection  and  regulation 
of  coal  mines.  It  is  not  the  purpose  of  this  work,  however,  to  enter  into  any 
discussion  of  the  details  or  regulations  of  actual  mining  operations,  and 
hence  we  will  dlsmlas  this  subject  by  making  only  a  general  reference 
thereto. 

INDIANS. 

(Laws  of  1899.  page  '55.)  "Any  Indian  who  own?  within  this  state  any 
land  or  real  estate  allotted  to  him  by  the  government  of  the  United  States 
may  with  the  consent  of  Congress,  either  special  or  general,  sell  and  convey 
by  deed  made,  executed  and  acknowledged  before  any  officer  authorized  to 
take  acknowledgments  to  deeds  within  this  state,  any  stone,  mineral,  petro- 
leum or  timber  contained  on  said  land,  or  the  fee  thereof,  and  such  convey- 
ance shall  have  the  same  effect  as  a  deed  of  any  other  person  or  persons 
within  this  state;  it  being  the  intention  of  this  act  to  remove  from  Indians 
residing  in  this  state  all  existing  disabilities  relating  to  alienation  of  their 
real  estate."  I 


APPENDIX.  98 


APPENDIX  C. 

CRIMINAL   8TATUTKS.  • 

Alaska. 

ROBBING  FLUMES  OR  SLUICE  BOXES:   TRESPASS. 

Sec.  75,  Penal  Laws.  "That  any  person  who  shall  break  or  rob  In  any 
manner,  or  who  shall  attempt  to  break  or  rob,  any  flume,  rocker,  quartz, 
quartz  vein,  or  lode,  bed  rock,  sluice,  sluice  box,  or  mining  claim  not  his  own, 
or  who  shall  trespass  upon  such  mining  claim,  with  the  intent  to  commit  a 
felony,  shall,  upon  conviction  thereof,  be  punished  by  imprisonment  in  the 
penitentiary  not  less  than  one  nor  more  than  Ave  years,  or  by  fine  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars,  or  by  both  such 
imprisonment  and  fine." 

Washington. 

PROTECTION   AGAINST  ACCIDENTS     FROM    OPEN     OR     DANGEROUS 

SHAFTS  OR  HOLES  ON  MINING  CLAIMS. 

Sec.  3186,  Bal.  Code.  "Any  person  or  persona,  company  or  corporation, 
who  shall  hereafter  dip;.  Dink  or  excavate,  or  cause  the  same  to  be  done,  or 
being  the  owner  or  owners,  or  in  the  possession  under  any  lease  or  contract, 
of  any  shaft,  excavation,  or  hole,  whether  used  for  mining  or  otherwise,  or 
whether  dug,  sunk,  or  oxcavuted  for  the  purpose  of  mining,  to  obtain  water, 
or  for  any  other  purpose,  within  this  state,  shall,  during  the  time  they  may 
be  employed  in  digging,  linking,  or  excavating,  or  after  they  may  have  ceased 
work  upon  or  abandoned  same,  erect,  or  cause  to  be  erected,  good  and  sub- 
stantial fences  or  othei'  safeguards,  and  keep  the  same  in  good  repair  around 
such  works  or  shafts  nufllcient  to  securely  guard  against  danger  to  persons 
and  animals  from  falling  into  such  shafts  or  excavations." 

Sec.  3187.  "Three  rerscnB  being  residents  of  the  county,  and  knowing  or 
having  reason  to  believe  that  the  provisions  of  the  last  preceding  section  of 
this  article  are  being  or  have  been  violated  within  such  county,  may  file  a 
notice  with  any  Justice  of  the  peace  or  police  Judge  therein,  which  notice  ^all 
be  in  writing  and  shall  state, — 

1.  The  location,  as  near  as  may  be.  of  the  hole,  excavation,  or  shaft; 

2.  That  the  same  is  dangerous  to  persona  or  animals,  and  has  been  left 
or  is  being  worked  contrary  to  the  provisions  of  this  chapter; 

3.  The  name  of  the  porKon  or  persons,  company  or  corporation,  who  Is 
or  are  the  owners  of  the  same.  If  known,  or  if  unknown,  the  persons  who  were 
known  to  be  employed  therein; 

4.  If  abandoned  and  no  claimant,  and: 

6.  The  estimated  cost  of  fencing  or  otherwise  securing  the  same  against 
any  avoidable  accidents." 

Sec.  3188.  "Upon  the  filing  of  th9  notice  as  provided  In  the  preceding 
section,  the  Justice  of  the  peace  or  Judge  of  the  police  court  shall  issue  an 
order,  directed  to  the  sheriff  of  the  county  or  to  any  constable  or  city  marshal 
therein,  directing  such  officer  to  serve  a  notice  in  manner  and  form  as  Is  pre- 
scribed by  law  for  service  of  summons  upon  any  person  or  persons,  or  the 


f  i 


94 


LKEHKYS   MIXING    CODE. 


authorized  agent  or  agtrts  ot'  any  company  or  corporation  named  in  the  notit  * 
on  file,  as  provided  in  the  last  section." 

Sec.  3189.  "The  notice  thus  served  shall  require  the  said  persons  to 
appear  before  the  Justice  or  Judge  issuing  the  same,  at  a  time  to  be  stated 
therein,  not  more  than  ten  nor  less  than  three  days  from  the  service  of  said 
notice,  and  show  to  the  i;aiiBfactlon  of  the  court  that  the  previsions  of  this 
article  have  been  complied  with;  or  if  he  or  they  fail  to  appear.  Judgment  will 
be  entered  against  him  or  them  for  double  the  amount  stated  in  the  notice  on 
file;  and  all  proceedings  had  therein  shall  be  as  prescribed  by  law  in  civil 
cases;  and  such  persons,  in  addition  to  any  Juagment  that  may  be  rendered 
against  them,  shall  be  iiable  and  subject  to  a  fine  not  exceeding  the  sum  of 
one  hundred  dollars  for  each  and  every  violation  of  the  provisions  of  this 
article,  which  Judgments  and  fines  shall  be  adjudged  and  collected  as  provided 
for  by  law." 

Sec.  3191.  If  the  notice  filed  with  the  Justice  of  the  peace  or  police  Judge, 
as  aforesaid,  shall  state  that  the  excavation,  shaft,  or  hole  has  been  abandoned, 
and  no  person  claims  the  ownership  thereof,  said  Justice  of  the  peace  or  Judge 
shall  notify  the  board  of  county  commissioners  of  the  county,  or  either  of 
them,  of  the  location  of  the  same,  and  they  shall,  as  soon  as  possible  there- 
after, cause  the  same  to  be  so  fenced  or  otherwise  guarded  as  to  prevent  acci- 
dents to  persons  or  animals:  and  all  expenses  thus  incurred  shall  be  paid  as 
other  county  expenses:  Provided,  That  nothing  herein  contained  shall  be  so 
construed  as  to  compel  the  county  commissioners  to  fill  up,  fence,  or  otherwise 
guard  any  shaft,  excavation,  or  hole,  unless  in  their  discretion  the  same  may 
be  considered  dangerous  to  persons  or  animals." 


SAFETY  CAGES. 

Sec.  3192.  "It  shall  be  unlawful  for  any  person  or  persons,  company  or 
companies,  corporation  or  corporations,  to  sink  or  work  through  any  verticp.I 
shaft  ut  a  greater  depth  than  one  hundred  and  fifty  feet,  unless  the  said  shaft 
shall  be  provided  with  an  iron-bonneted  safety  cage,  to  be  used  in  the  lowering 
and  hoisting  of  the  employees  of  such  person  or  persons,  company  or  com- 
panies, corporation  or  corporations.  The  safety  apparatus,  whether  consistirg 
of  eccentrics,  springs  or  other  device,  shall  be  securely  fastened  to  the  cage, 
and  shall  be  of  sufficient  strength  to  hold  the  cage  loaded  at  any  depth  to 
which  the  shaft  may  be  sunk,  provided  the  cable  shall  break.  The  iron  bonnet 
aforesaid  shall  be  made  of  boiler  sheet  iron  of  a  good  quality,  of  at  least  three- 
sixteenths  of  an  inch  in  thickness,  and  shall  cover  the  top  of  said  cage  in  such 
manner  as  to  afford  the  greatest  protection  to  life  and  limb  from  any  mattei- 
falling  down  said  shaft." 

Sec.  3193.  "Any  person  or  persons,  company  or  companies,  corporation  or 
corporations,  who  shall  neglect,  fall  or  refuse  to  comply  with  the  provisions 
of  the  last  preceding  section  of  this  article,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  five  hundred  dollars 
nor  more  than  one  thousand  dollars." 

Sec.  3194.  "Nothing  contained  in  this  article  shall  be  so  construed  as  to 
prevent  reco'-ery  being  had  in  a  suit  for  damages  for  Injuries  sustained  by  the 
party  so  injured,  or  his  he  r  or  administrator  or  administratrix,  or  any  one 
else  now  competent  to  sue  in  an  action  of  such  character." 


■:.WSiat'^J£>^* 


AIM'KNIUX. 


95 


IS  to 
the 
one 


ROBBING  SLUICE  BOXES. 

Sec.  7146.  "Any  person  who  shall  break  or  rob  in  any  manner,  or  who 
shall  attempt  to  break  or  rob,  any  flume,  rocker,  quartz  mill,  quartz  veiu  or 
lode,  bed-rock  sluice,  sluice  box,  or  mining  claim  not  his  own,  or  who  shall 
trespass  upon  such  mining  claim  with  the  intent  to  commit  a  felony,  shall, 
upon  conviction  thereof,  be  punished  by  imprisonment  in  the  penitentiary  of 
this  state  not  less  than  one  nor  more  than  five  years,  or  by  fine  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars,  or  by  both  such 
imprisonment  and  fine,  as  the  court  or  Judge  thereof  may  direct." 

DESTRUCTION  OF  MONUMENTS  ON  MINING  CLAIMS. 

Sec.  7146a.  "Any  person  who  shall  wilfully  and  maliciously  deface, 
remove,  injure  or  destroy  any  location  stake,  side  post,  corner  post,  land  mark 
or  monument,  or  any  other  land  boundary  monument,  the  same  having  been 
erected  or  implanted  for  the  purpose  of  designating  the  location,  boundary  or 
name  of  any  mining  claim,  lode  or  vein  of  mineral,  or  for  posting  the  name 
of  the  discoverer,  locator  or  owner  or  date  of  discovery  thereon;  or  any  person 
who  shall  so  deface,  obliterate,  remove  or  destroy  any  notice  having  been 
placed  or  posted,  upon  any  mining  claim  for  the  purpose  of  marking  or 
identifying  the  same,  shall  be  deemed  guilty  ot  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  a  tine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
Jail  not  exceeding  one  year:  Provided,  however,  That  the  provisions  of  this 
act  shall  not  apply  to  abandoned  mining  claims." 

FALSE  PRETENSE  IN  SALE  OF  MINES;  FAL&E  ASSAYS. 

Sec.  7169.  "Any  person  who  shall,  with  intent  to  cheat,  wrong  or  defraud, 
place  in  or  upon  any  mine  or  mineral  claim  any  ores  or  specimens  of  ores 
not  extracted  therefrom,  or  exhibit  any  ore,  or  certificate  of  assay  of  ore, 
not  extracted  therefrom,  for  the  purpose  of  selling  any  mine  or  mining  claim, 
or  Interest  therein,  or  who  shall  obtain  any  money  or  property  by  any  such 
fRlsc  pretenses  or  artifices,  shall  be  deemed  guilty  of  a  felony." 

Sec.  7170.  "Any  person  who  shall  interfere  with,  or  in  any  manner 
change,  samples  of  ores  or  bullion  produced  for  sampling,  or  change  or  alter 
samples  or  packages  of  ores  or  bullion  which  have  been  purchased  for  assay* 
ing,  or  who  shall  change  or  alter  any  certificate  of  sampling  or  assaying,  with 
intent  to  cheat,  wrong  or  defraud,  shall  be  deemed  guilty  of  a  felony." 

Sec.  7171.  "Any  person  who  shall,  with  Intent  to  cheat,  wrong  or  defraud, 
make  or  publish  a  false  sample  of  ore  or  bullion,  or  who  shall  make  or  publish 
or  cause  to  be  published  a  false  assay  of  ore  or  bullion,  shall  be  deemed  guilty 
of  a  felony." 

Sec.  7172.  "Any  person  violating  any  of  the  provisions  of  the  last  three 
preceding  sections  shall  be  deemed  guilty  of  a  felony,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  or  by  imprisonment  in  the  penitentiary  for  not  less  than 
one  year  nor  more  than  five  years,  or  by  both  such  fine  and  imprisonment." 

TRESSPASS  ON  STATE  LANDS.     Act  of  March  6,  1899.     (Laws  1899,  pp. 

47-48.) 

Section  1.  "If  any  person  shall  cut  down,  destroy.  Injure,  or  cause  to  be 
cut  down,  destroyed  or  injured,  any  timber  standing,  growing  or  felled  upon 


96 


leehey's  mining  code. 


any  of  the  lands  of  the  State  of  Washington  before  deed  shall  have  been  issued 
by  the  state  therefor  as  provided  by  law,  or  shall  take  or  remove  or  cause  to 
l)e  taken  or  removed  from  any  such  lands,  any  timber,  wood,  clay,  sand  or 
other  material  or  substance  thereon,  or  shall  dig,  quarry,  take  or  remove  any 
mineral  (except  by  contract  with  the  state),  earth  or  stone  from  such  lands, 
or  shall  cause  to  be  dug,  quarried,  taken  or  removed,  any  mineral  (except  by 
contiact  with  the  state),  earth  or  stone  from  such  lands,  or  shall  otherwise 
injure,  deface  or  damage,  or  shall  cause  to  be  injured,  defaced  or  damaged 
any  such  lands,  he  shall  be  deemed  guilty  of  a  misdemeanor." 

Sec.  2.  "That  nothing  in  this  act  shall  be  so  construed  as  to  prevent  any 
person  who  shall  lease  said  lands  or  hold  the  same  under  contract  with  the 
state  for  the  purchase  thereof,  and  occupy  the  same  for  the  purpose  of  a  home, 
from  cutting  such  timber  as  may  be  necessary  for  domestic  use  or  to  clear 
land  for  actual  cultivation:  Provided,  That  such  lessee  or  contractor  may  sell 
such  timber  so  cut  in  good  faith  for  the  purpose  of  clearing  such  land  for 
cultivation:  Provided  further,  however.  That  before  any  timber  may  be  sold 
by  any  such  lessee  or  contractor  he  must  first  obtain  the  written  consent  of 
the  commissioner  of  public  lands  of  the  state  of  Washington  to  such  sale: 
otherwise  such  lessee  or  contractor  shall  not  have  the  benefit  of  the  provisions 
of  this  section." 

Sec.  8.  "Any  person  or  persons  violating  the  provisions  of  this  act  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  be  punished  by  .t 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  in  the  county  jail  of  the  county  in  which  such  conviction 
was  had,  for  a  time  not  less  than  one  month  and  not  more  than  one  year,  or 
by  both  fine  and  imprisonment." 


»»twii««w«»^».«a.M«8»<ilrinwm  iMt,aim,:tK,.'.M.  j 


INDEX 


Affs  nf  Cniifircss — 

V.   S.  Hcv.  Stats.,  Svv.   23 1 S ^"^^ 

2;{if» I 

2320 ,  ^ 

2322 • '•«; 

2323 ;;; H 

2325:::::::::: ^'-^ 

• Oo 

2326 J 

2327 :::::::::::::::::59 

2328  (obsolete) 

2329 

2330 25 

233' 25 

2332 g, 

2333 ,3 

2334 59 

2335 59 

2336 g,y 

2337 :::::::::::::::::::::38 

2339 gg 

2340 :::::::::::::::::::':39 

2347 42 

2348 42 

2349 43 

2350 ::::::::::::::::::::::43 

2351 .o 

Alaska  Laws —  

Act  of  May  14,  1884,  Sp^^s.  7  and  8 gg 

Act  of  May  14, 1898,  Sec.  11 ::::::::::::::: 46 

Carter  Code  of  1900,  Sec.  13 :::::::::::::::::::  33 

^5 22.26 

Ifi 34 

2" 29 

202 gg 

Penal  T.aws.  Sec.  75 :::::: 93 

Wa.shington  Lnirs— 

Act  of  1S99,  Sec.  1 „, 

n  21 

; ■■ 16 

16 

1 12 

^ 54 

8  I. 


l.- 


,4r- 


98  lkehby's  mininu  code. 

Act  of  1890,  Sec    6 50 

7 fiO 

8 ni 

9 n; 

10 :»:. 

11 211 

]0 _  _  ;>^ 

13 :!:' 

14 :\-2 

BHlIliiKor'H  Code.  Sw.  221 2 !M( 

2213 Oo 

2214 'HI 

2215 !tl 

2216 91 

2217 91 

2218 92 

»151 15 

3152 15 

3153 67 

3154 50 

3155 32 

3156 32 

3157 32 

S186 93 

3187 93 

3188 93 

3189 91 

3191 94 

3192 94 

3193 94 

3194 94 

4090 40 

4091 40 

4092 40 

4093 40 

4094 , 40 

4095 41 

4096 41 

4097 41 

4098 41 

4099 . .  * 41 

4280 89 

7146 95 

71460 95 

7169-72 95 

Abandonment  of  mining  claim  55 

Abbreviations  used  In  this  volume 6 

Adverse  claims   61 

Adverse  possession,  title  by  66 

None  as  against  the  United  States  11 


PBKf 

....50 
....50 
, .  . .  .'■)  1 

...It; 
. . .  2.^ 
. .  .211 
. . .  :',2 

. . .  iv: 
.  .  .  ;< J 

.  . .'Ml 
.  .  .0(1 

. .  .nil 
..  .!tl 

. .  .;•! 

...91 
...92 
...15 

...u 

.  ..67 
.50 
32 
...12 
..32 
.  .93 
.  .93 
.  .  93 
.  .91 
.  .91 
.  .94 
.  .94 
..94 
..40 
..40 
..40 
..40 
..40 
..41 
..41 
..41 
..41 
.41 
.89 
,95 
.95 
.95 
.55 
.   B 
.61 
.66 
.11 


INDKX. 


99 


ARfiut,  location  by   

.Mnska  Laws — as  lo  phuoi-H 24 

an  to  hrach  and  Hhor«  laiulH  28-31 

as  to  lodo  or  quartz  claims 19 

us  to  tlmbor  and  stono  lands  46 

as  to  mlninK  districts  and  local  rules  33-35 

United  StatPH  mining  laws  cxtonded  to  Alaska 7,  27,  29.  88 

Cap«>  Nome  beacii  claims  28 

Criminal  provisions  affectinK  niiiH's  in  Alaska  93 

HobbiiiK  flumes,  etc 93 

Forms  for  use  in  Alaska  t  Appendix  A  ) 73 

Aliens,  rights  to  acquire  oi-  jiold  mines  in  Alaska 9,  10 

rights  generally    II 

Amended   location    54 

Annual  labor  on  mining  claims 49 

On  tunnel  claims  38,  49 

Korm  of  affl<lavit  for  proof  of 78 

Purpose  of  recording  affidavit 60,  52 

What  will  count  as  such,  and  what  will  not 51-52 

Road-building  in  Washington  as  annual  labor 32-33 

Apex  of  vein,  general  doctrine 70 

Application  for  patent   58 

Assays,  false   95 

Attorney,  power  of 17,  27,  31 

Beach  and  shore  lands,  placer  mining  upon 28-31 

Blind  leads 38 

Bond  for  deed  69,  86 

Borax,  may  be  located  as  placer 27 

Boundaries,  marking  of  18 

Building  stone  lands,  liow  located   25,  27,  44 

Carter  Act     (See  Alaska  l.aws.  Beach  and  Tide  Lands,  Records.) 

Cascade  Mountains,  no  discovery  shaft  required  west  of 19 

Citizens  only  can  acquire  mineral  lands  of  llnited  States 11 

Women  and  children  as  citizens  10,  11 

Citizenship,  discussion  as  to  (Chapter  II.) X 

Proof  of,  in  application  for  patent 8,  00 

Cape  Nome  beach  mining 28-Sl 

Coal  lands,  how  acquired  42 

Coal  mines,  laws  regulating  operation  of , 92 

Co-ower,  forfeiture  by • 52 

"Advertising  out,"  manner  of 53 

Notice  to,  forms  79-80 

Community  property,  unpatented  mining  claims  are  not 68 

Computation  of  time 24 

Corner  monuments  1 8,  25 

Corporations,  mining,  provisions  of  Washington  Laws 89 

Proof  of  citizenship  by,  in  obtaining  patents 60 

Creeks,  located  as  placers  27 

Crimiual  statutes,  Alaska  93 

WasblngtoQ 93 


100  lekhky's  mining  code. 

CroBB  lodflH  70-71 

Deeds,  bond  for,  form  of 69,  86 

Description  of  development  work  23 

Destruction  of  mining  corners  or  monuments 18 

Punishment   for    9r> 

Development  worlt.  required  In  WushinKton 16-18 

Dimensions  of  location  17,  24-27 

Districts,  mining,  and  local  rules  and  regulatlonH R| 

Ditches,  with  water  rights  40 

Discovery,  necessary  to  location   12 

of  placer  deposit  on  each  20-iicre  tract  located 28 

Discovery  shaft   It; 

Dower,  none  in  unpatented  miuliiK  <'luinis «8 

Dredging 29-31 

Bmlnent  domain,  for  mining,  etc.,  In  Wunhlngton 41 

in  Alaska   88 

End  lines  should  be  parallel  15) 

Entry  of  mineral  lands 58-6 1 

Evidence,  recorded  instruments  as  23,  24,  nO,  52 

Exploration  work  necessary  upon  locations  In  Washington 15-19 

Extralateral  rights  70 

False  pretenses  In  sale  of  mines,  penalty  for  in  Washington 95 

Community  property  liable  for 69 

Floating  the  claim  17 

Forfeiture  by  co-owner,  notice,  proof,  etc 52 

Forms  for 79,  80 

Strictly  construed   5:? 

Forms     (See  Appendix  A.) 

Notice  of  lode  location  for  posting — WuHlilngton 73 

Notice  of  lode  location  for  record — WaHhington 73 

Notice  of  lode  Im^atlon  for  Alaska 74 

Notice  of  placer  location  75 

Tunnel  location  notice — lor  posting 7(! 

Tunnel  location  notice — for  record  77 

Water  right  appropriation    78 

Affidavit  annual  labor 78 

Notice  to  delinquent  co-owner  79 

Proofs  of  "advertising  out"  co-owners 80 

Mining  lease  (lode)    80 

Option  to  purchase  lode  claim  . .  82 

Mining  lease  (placer),  with  option  to  purchase 83 

Bond  for  deed  to  mines  86 

Qrub-stake  agreement 86 

Lay  on  placer  claim 87 

Fraudulent  representations  on  sale  of  mines   68 

Geologist,  state,  in  Washington  90 

Qrub-stake  agreement  69 

Form  for 86 

Husband  and  wife,  no  Interest  In  mining  locution  of  the  other 68 

Indians,  may  sell  mines  in  Washington  92 


Knol 
hanj 

"LaJ 

iMen| 

Leas 

liOa><| 

Mini 

Local 


Lo4'ul 


INDRX.  101 

I'HKU 

Known  lode  defined  64 

LandH  Hiibjcct  to  location  under  mineral  laws 7 

"Lay"  on  placer  claim,  form  for  87 

Lien  of  mining  partners 67 

I^ease,   form  of    ;  i    .S 

l^eaHe,  mineriil  lands  of  the  state  '»!) 

Tiimestone,  may  be  located  as  mineral IT 

Lot'ul  rules,  generally  31 

In  Alaska  33-34 

Ucgulute  mininK  <»i  Ih'uiIi  and  tide  la.ids 30 

Location  of  lode  claims  .  .  15  21 

of  lodes  discovered  In  luiincls 3S 

of  placer  (J-'nis   24  2H 

of  tunnel  claims  3r> 

of  mill  sites  3K 

of  hnllding  stone   13,  24,  27 

of  timber  and  stone  lands  44-45) 

of  coal  lands  42 

Made  by  agent  or  partnei-  17 

Forms  for  ( See  Forms )   73-77 

Amended    locations    54 

Who  may  make  mining  locations  8 

One  location  only  for  each  discovery  12 

Dimensions  of  17,  24-27,  35 

Record  of 21,  22.  33-34 

What  may  be  located   13,  27 

Locators,  must  be  citizens  of  the  United  Slates 8-10 

Need  not  be  first  discoverer  of  the  claim  located cf, 

Lode,  definition  of 12 

Lode  claims,  dimensions  of   15-18 

Location  of 15 

Discovery  of    12 

Lodes  within  placers G3 

Forms  for  locating   73 

Marking  boundaries  18 

Mill  sites   38 

Mineral,  definition  of,  by  Washington  Supreme  Court .13 

Mineral  entry  of  lands  for  United  States  patent 68 

Mineral  lands,  reserved  from  school  and  railway  grants 14,  44 

of  state,  lease  of 90 

subject  to  location   7 

Miners'  rules  and  regulations  in  organized  districts 31-85 

Mining  claim.     (See  Location.) 

Rights  pertaining  to  69 

As  property  68 

Relocation  of  S^ 

Abandonment  and  forfeiture  of 52 

Either  surface  oi-  minerals  may  bn  reserved  by  deed 69 

Mining  corporations,  special  provisions  as  to  89 

Miuiug  districts  and  local  rules 31 


102  leehey's  mining  code. 

I'ajfc 

Mining  partnerships   56 

Minors  may  locate  mining  claims 10 

Miscellaneous  statutes   88 

Monuments,  corners  of  mines,  description  of 16-18 

Permanent,  what  are 18 

Destruction  of,  penalty ; .  95 

Natural  objects  f\nd  permanent  monuments  defined  18,  23 

Necessity  of  complying  with  the  law 11 

New  discovery,  not  necessary  to  re-location  55 

Nome  beach  and  shore  lands  (See  Chapter  VII.) 28 

Nou-mlnei  al  lands,  use  of  timber  from  45,  4S 

Notice  of  location.     (See  Forms,  Location,  T.ode  ('lainis.  Placers.) 

Record  of,  in  Washington 21 

Record  of,  In  Alaska 22 

Liberally  construed   17 

Options,  law  concerning 69 

Form  for   82 

Oregon  Laws,  formerly  extended  to  Alaska 88 

Overlapping  of  claims  permitted  18 

Ownership  of  stone  taken  from  public  lands 4G 

Parallel  end  lines  to  lode  claims  19 

Partner,  location  by 17 

Partnerships,  raining   56 

Patent,  application  for,  procedure   (Chapter  XVIII. ) 58 

Penal  statutes  93 

Permanent  monuments  defined   1 8,  23 

Placer  claims,  general  laws  as  to  24 

On  beach  and  shore  lauds  in  Alaska 28 

Lodes  within  placers 63 

What  may  be  located  as  placei- 27 

When  to  conform  to  public  surveys  27 

Possessory  rights  to  mining  claims  G(> 

Power  of  attorney,  location  by  Is  valid  1 7,  27,  31 

Priority  of  possession  as  to  coal  lands 44 

Property  In  mining  claims  and  mines 68 

Protection  to  coal  miners 92 

Public  domain,  mining  laws  relate  to 7 

Receiver's  receipt.  Issues  when  61 

Records,  of  locations,  etc.,  in  Washington   21 

In  Alaska  22 

Old  law  In  Washington   22 

Pui  pose  of   23 

Regulations  by  local  districts  31 

Regulation  of  coal  mines  92 

Relocation  and  amended  location  54 

Representation  of  mining  claims  (See  Annual  Labor) 49 

Resuming  work  after  forfeiture 51 

Returns  of  deputy  mineral  surveyor  14 

Rights  and  property  In  mining  claims i 67 

Roadway,  on  shore  in  Alaska 29 


Rotal 

Safe 

Salt 

Sallj 

Salcl 

Sch(] 

Secil 

Shaj 

Shlfl 

Slxtl 

Slull 

Sur' 


Pajff 

56 

10 

88 

...16-18 

18 

.......95 

. . .  18,  23 

n 

55 

28 

..45.48 

21 

22 

17 

69 

82 

88 

18 

....46 

...19 
....17 
....56 
....58 
....93 
.18,23 
....24 

...28 

.  ..63 

...27 

...27 

...66 

27,  31 

...44 

...68 

...92 

...   7 

..61 

..21 

..22 

..22 

..23 

..31 

..92 

. .  54 

..49 

.51 

.14 
.67 
.29 


INDEX.  103 

Page 

Robbing  flumes,  etc.,  in  Alaska 93 

Safety  cages  in  Washington  mines 94 

Sales  of  mines 67 

Salines,  or  salt  lands 13 

Sales  of  timber  on  public  lands  45 

of  timber  in  Alaska 46-48 

School  sections  14 

Secretary  of  War,  permits  to  mine  from 30 

Shafts  and  holes  must  be  covered 93 

Shifting  the  location  17 

Sixty-foot  roadway  on  shore  in  Alaska 29 

Sluice  boxes,  robbing  in  Alaska 93 

Surveys,  public,  placers  conform  to 27 

Same  as  to  coal  lands 44 

Tide  lands,  defined   28 

rights  to  mine  or  dredge  upon 29-31 

Timber,  use  of  and  cla'.ms 44 

Purchase  of  44, 46 

Purchase  of  in  Alaska  46 

Purchase  of  without  land  45 

Timber  and  stone  lands 44 

Time,  computation  of   24 

Trespass  on  mines 93,  nn 

Triangular  claims,  no  extralateral  rights 70 

Tundra  claims  27,  2!» 

Tunnel  rights    35 

Vein  or  lode  defined 12 

Veins  uniting  or  intersecting  on  course  or  dip 67,  71 

Verification  of  location  notices  24 

Walls  of  vein  or  lode 13 

War  Department,  regulates  dredging  below  low  tide 29-31 

AVater  rights,  chapter  on   (Chapter  XI.)    39 

Women  can  locate  mining  clailms  10 


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